Monday, March 5, 2012

Cry for Justice

   It must be infuriating when the system fails. It's actually quite perplexing how legal goings-on progress; a bureaucratic system tied up with so many rules seems to be walking quite warily lest it should fall trip on itself. The breaks of the few are the exceptions to the rule, and what a travesty it seems when these escapes are unfair loopholes.

   It wasn't long ago when Ryan Braun was respected as last year's MVP (though I believe it should have went to Matt Kemp). Long story short: Braun was tested for performance enhancing drugs (PEDs) and failed. Twelve previous players came up to bat to appeal their tainted tests, and all twelve went down swinging. So, after four innings, baseball's drug testing system had a no-hitter going, then up steps the Ryan Braun. Surely, Braun struck at this rigid testing with all his might, shaking it to its very core, a herculean blast as it were. But, no! Instead, it was a desperate jab, a bloop hit that ended the MLB's streak.



   What happened? He got off on a technicality. Because his samples weren't sent immediately, the results were null and void. Is there justice? What does it say to that affect? I remember a debate between linguistics expert Noam Chomsky and Michel Foucault, a leading French intellectual of the day, debating what is justice and does it exist?



   Though the debate is more befitting of the mechanics of society, it can still be impressed upon this smaller example. Arguing from a Marxist-influenced perspective, Foucault believes in the clash between those who are the means of production (the players) and those who control production (the MLB). This theory is not so far fetch when it comes to labor relations within the sport; just as any collective bargaining agreement in any major sport winds down, there are always some legal troubles that ensue and ultimately, what can occur is a complete lockout. If one follows down this cynical road, which says there is no justice, but struggle, then Braun's motives are sinister. He does not fight against the establishment because he is innocent, but because he can win ground in the players versus ownership struggle in his own way.
  
    In his defense of traditional justice, Chomsky argues: "power doesn't imply justice or even correctness." I believe power relations is a substantial claim to add to the mix of things, but its almost as if one cannot be without the other. Justice has always been apart of civilization and is used as power, but instead of being indifferent in its aims, it tries to do what is right and fair. Ryan Braun may have eluded these charges, but does that make his results any less tainted or the anger of the fans any less satiated? No. Whatever the final outcome is, it now becomes(as paraphrased from Chomsky): how does justice "evolve," so that travesties such as these cease to occur in its continuing work to serve what is righteous.



   It is not only the values which become tested, but also those involved in the final resolution. Ryan Braun was dead to rights, but what about the arbitrator who ruled in his favor? It seems that the scientific evidence is overwhelmingly against Braun. The one who ruled to overturn, Shyam Das, still has to be examined. When guilt was the only answer, what evidence did he finally see that would vindicate Braun, is it possible their was some tampering in the midst of the testing, or was Das a slave to the letter of the law? If Ryan Braun's innocence is faulty, it remains to be seen how Major League Baseball can pick itself back up and close any such maladjusted loopholes. It will be quite a revelation to hear Das because his written opinion will be revealed thirty days after the ruling, giving fans enough time to mull over the nature of this spectacle.

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