Buffalo Law Review
The United States is in a time of “unlaw” that is both a point in circular time, the time of eternal return, and a point never before reached. This “unlaw” infuses both the practical, applied, and experiential world of politics. Additionally, this era of “unlaw” also incorporates the intellectual world of philosophy and theology as well as political theory.
In this state of non-law, the United States incarcerates a higher percentage of people than any other developed nation. The United States claims to value money so much that it is speech, and thus free under the First Amendment. This results in blocking election reform in an admittedly “broken” electoral system. The United States stock market fluctuates wildly and its citizens know there is no new world order on the horizon. The “war” on terror is bankrupting the United States. The United States is not doing well by anyone’s standards. However, “unlaw” is necessary to bind us together and open our eyes to these contradictions that the law creates.
Emily Albrink Hartigan, Unlaw, 55 Buff. L. Rev. 841 (2007).