Of Trayvon Martin, George Zimmerman, and Legal Expressivism: Why Massachusetts Should Stand Its Ground on 'Stand Your Ground'

9 Pages Posted: 1 Dec 2012 Last revised: 13 Feb 2013

Louis N. Schulze Jr.

Florida International University (FIU) - College of Law

Date Written: November 28, 2012

Abstract

This essay suggests that the expressive impact of Stand Your Ground laws alters the shared norms governing our collective understanding of the moral limits of “self-defense.” The essay argues that the theory of Legal Expressivism can explain the widespread misunderstanding of the limits of self-defense, as demonstrated by the institutional and popular reactions to the killing of Trayvon Martin by George Zimmerman. To support this thesis, the piece briefly explains Stand Your Ground statutes and legal expressivism. It then details the nature of the expressive function of these statutes and asserts that Massachusetts, which recently considered the adoption of such a provision, should reject this change principally to rebuff the symbolic message these laws convey.

Keywords: Legal expressivism, criminal law, self defense, Trayvon Martin, George Zimmerman

Suggested Citation

Schulze, Louis N., Of Trayvon Martin, George Zimmerman, and Legal Expressivism: Why Massachusetts Should Stand Its Ground on 'Stand Your Ground' (November 28, 2012). New England Law Review on Remand, Vol. 47, p. 34, 2012; New England Law | Boston Research Paper No. 13-01. Available at SSRN: https://ssrn.com/abstract=2183282

Louis Schulze Jr. (Contact Author)

Florida International University (FIU) - College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States
305-348-4963 (Phone)

HOME PAGE: http://law.fiu.edu/faculty/louis-schulze-jr/

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