I doubt there’s anyone in the anglo-sphere this week, who isn’t aware of the case of Kyle Rittenhouse in Kenosha, Wisconsin. Probably, a good chunk of Europe was paying attention to that trial, as well. Why? Because of the fundamental question that the trial symbolized, at its core.
The principle at the center of that case was the right of self-defense. As a matter of law, that meant demonstrating in the trial that the material facts of the event conformed to Wisconsin’s own statutory definition of an action that constitutes self-defense. That’s one way to interpret the question ‘why’. But - apart from its importance in establishing grounds for Rittenhouse’s exoneration - that’s not the interpretation that really matters here.
…It is somewhat unclear whether the modern Court is more politicized than Courts of previous eras. Certainly it makes more political decisions each year than was true in any year in the nineteenth century, but that is largely due to the number of occasions for such decisions presented to it. Before the post-Civil War amendments, particularly the fourteenth amendment, the Court had little opportunity to impose rules on the states. The development of substantive content in the fourteenth amendment’s due process clause, and subsequently the incorporation of the Bill of Rights in that clause, enormously expanded the Court’s power over the states. It is conceivable, though unlikely, that, the Courts of the nineteenth century, given the opportunities that this legal structure presented, would have appeared as activist and political as do the Courts of the past five or six decades.
In Aeschylus’ play Oresteia, Agamemnon sacrifices his daughter as an offering to the primitive (pre-classical) gods of nature and war, meant to insure sea passage and victory in an upcoming battle.
In doing so, he sets in motion a cascade of blood vengeance that echoes the historical practice of pre-classical Greek retaliatory clan justice. On Agamemnon’s return home, Clytemnestra cuts his throat in his bath. On the discovery of this horror, Orestes then, on prompting from his sister Elektra, murders his mother Clytemnestra. At this point, Orestes is chased through the rest of the play by the Erinyes (the furies), a symbol of ancient natural justice.
