Problem
Author and Activist Jonathan Rauch argued that America is making a mistake in allowing what he calls
"Hidden Law" to be replaced by what he called "Bureaucratic Legalism." Hidden Law he said refers to social codes or informal resolutions, whereas Bureaucratic Legalism refers to state-provided due process for every problem (trying to create a rule for every issue). For example, universities formerly expected insults and epithets problems among students to be resolved via informal modes such as apologies, while today many universities have written codes forbidding offensive or discriminatory verbal conduct.
Similarly, four kindergarten students in NJ were suspended from school for three days because they were observed "shooting" each other with their fingers serving as guns. {opinion OK on this question but also try to link back to the text theme of the chapter}
1. Should we leave campus insults and schoolyard finger "shootings" to the Hidden Law? Explain.
2. Can you think of other examples where we have gradually replaced "hidden law" with "Bureaucratic Legalism?"