The "shadow" system exists as secondary but slightly weaker system within our official justice system. Where one is in the light the other works in the dark. They compete in many ways for influence and depending on who you talk to you will get different answers and support for each. The official laws are still more supported than the shadow laws and that is a good thing. However, the other system base in poorer assumptions still rears its head at various times and places. Having a better understanding of how the shadow application functions is important (Remember that all systems have a shadow but the strength of a nation is dependent on reducing these shadow systems to maintain effective management around core American values and goals. Also why I don't support corruption because of its short sighted focus but long term consequences. . i.e. shadow/black market for the economy.)
They are inherently two different systems. One is more universal with laws agreed upon by lawmakers to apply fairly to everyone (This is why we debate them and why over politicization of our justice system is dangerous as it can empower the shadow.). The shadow system is designed to circumvent and adjust those laws to either benefit self or to benefit those within a perceived group or clan. Clan as often defined in third world perceptions of race, religious, political, social affiliations or other issues that seeks to truth with some type of falsehood.
In today's world most people do believe that mistakes are sometimes made but an inability to correct mistakes and/or encourage intentional misapplication could create a coordinated shadow (One may say rarely happens and the other say often happens but that is a matter of frequency and not of existence). We have the written laws and we have the applied laws. The applied laws require a decision and those decision makers make choices. If they struggle with perceptual issues they will make choices that are inappropriate or destructive as they sometimes dip into the power of the shadow system (Its like a black market for the official system that seeks to misapply the laws for gain. Someone would have to study it to create greater clarity but I believe big data will show macro outcomes and some of the causes of this misapplication).
I'm a believer that the best way to develop our nation is with integrity and ensuring that what we set out as a collective people to create in our law passing and in our courts positive pro social and most rational values to be displayed and enacted (Its a general concept that applies across the board. I'm 100% for police and 110% for civil rights because one must work for the other or otherwise we have other issues that pop up from time to time.). There is no political agenda with this, it is only the awareness that when we are negligent in one area it continues to grow and morph like a parasite on our values and our shared sense of community. Every nation goes through transitions and this is a positive change that will lead to higher long term national performance (We are going to make an assumption that recent awareness of room for improvement will win out intellectually over other arguments. Generally, as a society truth wins out over falsehood but sometimes that is a fallacy of the just world view which seeks to find order in those things that appear initially to have no order.).
Without change, the targets will continue to be the targets, the law violators will continue to violate, society will lag, human capital will suffer and the nation will feel the sluggishness and it will continue until we make a commitment to that which draws us together and lets us be the best we can be. To me, when we are aware that such things are occurring the best way to maintain integrity is to stop it quickly and if necessary to hold to account (Often or rarely is a matter of debate and data availability.). Account should also be done with a level of wisdom but not be a further excuse to allow for further misapplication.
There is growing awareness that some of our justice systems are struggling and need support to become more effective in catching bad guys, doing so in alignment with our national values, and actualized justice. Our society either steps forward into the light or steps back into the shadows. It looks like we are coming to agreement that trust in our institutions is dependent on us doing the right thing regardless of race, religion, politics, or position. We are rebuilding integrity each time law makers, law enforces and the general will of the people are in alignment (That is any nation or people.)
Raising awareness of needed improvements is a form of patriotism as long as it has a beneficial goal ( As well as not just for one group, party, or other entity. This is why I believe in universalism of American values). Silence, indifference and or participation in the shadow system is the opposite. This article is really more about discussion that helps us think about and reflect on the need to ensure that our laws seek to fulfill our social contracts through concepts of truth and moral conscious (What is true and what is most just. As they say The whole truth and nothing but the truth. What is true to one may not be true to another. However, they all must share essential good will to society and themselves. The shadow system creates divisiveness in society. It is up to the wiser, more experienced, more just, and thoughtful people to correct lower order values and decisions.).
The National Institute of Justice is the research arm of the Department of Justice. They use science such as listen, learn and reform model to understand the greater functioning of justice in society. You may read 'Race, Trust and Police Legitimacy'
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