Movies, Justice and the Confederate Flag: Books

As a Valentine’s Day gift, TYG got me Leonard Maltin’s 151 BEST MOVIES YOU’VE NEVER SEEN, though unsurprisingly I’ve seen around 23 of them (which is a compliment to Maltin’s curating — other Obscure Movie Lists do much worse at surprising me). I’ve been a fan of Maltin’s for years and I find him a reliable judge even if we’re not 100 percent in sync (he liked Zathura much more than I did) so I anticipating making much use of this guide and already have (Disney’s Teacher’s Pet yesterday came from this book). A mix of foreign films, old films, indie work and some that just fell through the cracks (distributor folded, studio did a crap job marketing the movie, etc.) this was interesting to read, including his thoughts on modern audiences based on reactions in his film classes (more cynical, less comfortable with sincere no-irony stuff).  Thanks, TYG! Below, the poster for Millions, one of the 151 I’ve seen (and loved).When I read Survivor Injustice I was skeptical of author Kylie Cheung’s argument that institutions should handle more sex-crime cases in-house, rather than through the court system. A book she mentioned on the subject, SEXUAL JUSTICE: Supporting Victims, Ensuring Due Process and Resisting the Conservative Backlash by Alexandra Brodsky makes a better case for that than I would have thought.

Brodsky admits that schools, businesses and other organizations are often dreadful at dealing with harassment or sexual assault cases. However, she argues, the odds of changing them are better than reforming the legal system and they can offer a wider range of solutions. A school, for example, can shift class schedules, allow the victim to make up missed tests and move the survivor to a different dorm. If the victim doesn’t want jail time for the offender, she can get what she needs without him being locked up.

That’s a sticking point for many people: how can you penalize the rapist/harasser if there’s no trial? Where is the due process? Brodsky (while noting that sometimes this argument is just a fig leaf for rape apologists) argues that while due process for both parties is important, that doesn’t translate into a full trial with corresponding legal requirements. Nobody suggests that the college can’t take any disciplinary actions without a full court case — it’s only sexual cases where that suddenly becomes an issue. The accused should be notified of the proceeding in advance and they should be treated fairly; it doesn’t follow they need the right to cross-examine the victim they allegedly assaulted face-to-face (one of the innovations Betsy DeVos introduced as Trump’s Secretary of Education). Overall this was an excellent work.

WHEN SHOULD LAW FORGIVE? by Martha Minow tackles the question both Brodsky and Cheung touch upon, the possibility of restorative justice or similar tribunals and the merits and flaws in, say, having the victim forgive once the accused confesses. Unlike Cheung, who wants to defund the prison-industrial complex, Minow doesn’t see forgiveness as exempting anyone from legal consequences (the Charleston church survivors forgave Dylan Root but they didn’t call for him to get out of jail free) and points out that when forgiveness becomes part of an official proceeding it can pressure the victims to offer forgiveness, even when they don’t feel it. This isn’t definitive on the topic but it’s certainly thought provoking.

Now a pause for another film Maltin and I both like — — and now today’s final review, for THE CONFEDERATE BATTLE FLAG: America’s Most Embattled Emblem by John M. Coski. The author starts by explaining the flag everyone flies is specifically a battle flag used by troops in the field, not the Stars and Bars and how the battle flag came to be identified as the CSA symbol. Which had the ironic side effect that the Stars and Bars has been an acceptable compromise in some disputes because nobody was waving it after Brown v. Board of Education.Coski shows how along with its racist baggage, the flag has also been shorthand for the South (particularly in advertising), rebellion, American fighting spirit (as in “Rebel” Ralston, the Southern member of Marvel’s Howling Commandos), and in Europe simply an iconic image like Coca Cola and the Stars and Stripes. Coski covers several oddball twists in the saga such as neo-confederates protesting flag displays (waving it at football games disrespects an American icon!)and concludes that while the flag certainly has been waved for racist reasons, it’s not fair to assume that’s always the case (“Remember that the KKK also marched with the Stars and Stripes.”). Dry and very detailed, but good.

#SFWApro. Cover by Vince Stone, all rights to images remain with current holders.