The Drug Court as Postmodern Justice |
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Authors: | Edward G Armstrong |
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Institution: | (1) Sociology/Anthropology, St. Cloud State University, SH 262, 720 4th Avenue South, St. Cloud, MN 56301, USA |
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Abstract: | The drug court is far more than a new version of the old drug-diversion idea. It is a fundamental embodiment of postmodern
justice and represents a paradigm shift from criminal court practices. This article compares the drug court to the criminal
court in terms of the dimensions of the modernism-postmodernism debate as specified in legal research and public policy scholarship.
First, the courts are differentiated in terms of their worldviews, ideas on the nature of society, definitions of truth, and
conceptions of the foundation of law. Next, the drug court and criminal court jurisprudence are juxtaposed. Specific dimensions
include their collaborative versus adversarial systems and the individualized versus the due process framework. Finally, the
two courts are considered in terms of their divergent visions of the drug user. Upon analysis, it appears that the two courts
are in an intractable ideological disagreement framed by competing modern versus postmodern intellectual dispositions. |
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