Law in Contemporary Society
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Paper Title

-- By SamHershey - 21 Feb 2010

Introduction

In class, Eben mentioned an innocent boy who is at risk of deportation because of an accidental injury to his girlfriend and the inexorable "must arrest" laws he now faces. The story prompted some class members to argue that the sacrifice of innocent men is a worthy exchange for the safety of abused women. This debate reminded me of a fascinating, heartbreaking article that appeared in the New York Times magazine last November. The article, titled "Who Knew I Was Not the Father" (http://www.nytimes.com/2009/11/22/magazine/22Paternity-t.html?pagewanted=1&_r=2), discusses men who, when they realize that they have been duped into raising children who are not their own, find themselves bound by stringent paternity laws to continue paying child support. My fear in both this situation and in the story Eben told in class is that the law, in attempting to rectify horrible situations, has swung too far in the opposite direction. I reject as false the proposition that the law can only work in obscene binaries: that we must choose whether we wish to sacrifice the rights of this group or that group. I believe that the law must work in more nuanced ways to achieve greater fairness. Before I discuss possible solutions, I will lay out the relevant facts and issues.

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Subsection B

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Section II

Subsection A

Subsection B


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r1 - 21 Feb 2010 - 01:31:01 - SamHershey
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