In Chapter 4, titled "The Law of Desire," Sherwin discusses famous historical cases that "point to three discrete kinds of cultural anxiety." When I first read this, I was thinking, "What, cultural anxiety?" But then I found it to be really interesting once he used the cases to support his classifications. He talks about the "moral anxiety" of John Brown's trial, where he led the Harper's ferry raid, and the media coverage that was allotted to his trial. Sherwin also talks about how the trial was romanticized; slavery was a huge ethical issue of the time, and this is why Sherwin chose to classify John Brown's trial under this category. In addition, the raid was controversial because of the seventeen lives that were lost, and was it justifiable? There are many ethical components of this issue, and Sherwin references a Thoreau quote regarding Brown which I thought applied well, saying he "forgot human laws and paid homage to an idea." Sherwin then goes on to talk about "epistemological anxiety" in the adultery trial of Henry Ward Beecher. Because Beecher was a religious leader and yet he was being charged with adultery, epistemological anxiety rose from people's distrust, or the worry that there might be more than meets the eye. He also discusses socioeconomic anxiety, which I found to be basically how it sounds, the worry that status can find you favor even as it applies to legal matters. Sherwin sets these classifications in part because he believes in precedent and that the past, especially in legal matters and media, affects the future. He says. "Simply stated, the lesson learned is that for every denial of factual reality, for every fantasy falsely purchased at trial, there remains a cultural debt that must be paid. That debt serves as a driving force behind notorious trials to come. Like a symptom, the hidden costs of collective fantasy can come back to haunt us."He believes that these past trials still play a role even though they have been long decided, and the fact that they were so romanticized was important.
In Chapter 5, The PostModern Challenge. Sherwin discusses postmodern storytelling and how it plays a role in legal action. This reminded me of the first chapters we read, when it talked about the influence of media on law and also the influence of law on media. He uses the murder case of Randall Dale Adams and how use of media through a film made by Errol Morris ultimately set him free. This example was about positive media influence and its role in this case, but it may also be negative. For example, OJ Simpson threatened to sue Time Magazine for their edit of the cover photo. The cover showed a darkened mugshot that made him to look scary and almost evil. This was an example of how media swayed the public against a person on trial in a publicized case. Sherwin also makes reference that media influence is not solely responsible and there must be valid supporting material; the media cannot stand on its own.
In Chapter 6, The Jurisprudence of Appearances, Sherwin again hits on the use of media to away an audience's opinion. Media cannot be used in the courtroom, but this does not mean that it does not play a role. Sherwin talks about our legal system and the supreme court and the concept of a jury made up of American citizens. He talks about the massive coverage that is "the news" that keeps us updated on the current issues and legal proceedings. While 100 years ago it was not nearly as big of an issue, mass media has infiltrated our lives to such a degree that it is impossible to separate it from our legal system. The media sways our opinions and as Americans, and especially jurors, our opinions have the ability to be voiced in our legal system.
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