Publishers, 1998, 8). “Any economic system generates a class or classes whose privileges are
dependent on the continuation of that system. Quite naturally, these classes go to great lengths to
resist change and to protect their positions.” E. K. Hunt, Property and Prophets, 19. Fundamental
change in the feudal ideology and economic system, or any other system of power and wealth
distribution, was achieved through traumatic and harsh social conflict. E. K. Hunt, Property
and Prophets, 17–20.
56
Cause lawyer leaders, politicians, bureaucrats and judges have distinct premises and goals,
the performance and quality of each are enhanced if they combine technical skills with an
understanding of the normative and political context of the issues being considered. Distinct
from any attempt at scientific objectivity and truth, public policy is immersed in cultural
assumptions and tactical normative judgments relative to the methodology used, and these
condition the range of alternatives that can be considered in any study. The hegemonic lifeworld,
metanormative and ideological frameworks limit the options available.
57
Alan Hunt and Georges Gurvitch, Sociology of Law (New Brunswick, NJ: Transaction Publishers,
2001 [1942], 42–60).
58
Lawrence M. Friedman, A History of American Law (New York: Simon & Schuster, 1977, 225).
and political dominance of tobacco. There is a real fear that Lawton may
fold in the face of tobacco’s full-court press and let the law be repealed.
National elites, scholars, and media enter into the battle. There is also a
need to develop a plan to manage the additional cause lawyers essential for
a successful, limited risk, “band of brothers.”
Once the rest of the nation got wind of the law’s potential impact, lobbyists
swarm and legislators flip. W.D. rants to the press, “We’re in a hell
of a war, and it’s not with the process. It’s with the tobacco companies
and Senator Jesse Helms and paying them to grow tobacco and not grow
tobacco. A half million people a year die, and they get people addicted, like
me when I was 8 years old. They’ve got everybody addicted to this stuff, I
think the sorry bastards ought to pay.”
59
It is far from certain whether Lawton will sign the bill.Various legislators,
including former sponsor Democratic House member Ben Graber are
now against the bill. To counter this pressure, I call Dr. Daynard and
Beth Labasky with the American Lung Association to arrange for offensive
support. They produce: first a May 25, 1994, letter from former President
Jimmy Carter to Governor Lawton Chiles:
I want to lend my voice and support to your and your efforts to recover
Medicaid dollars from tobacco companies whose products cause diseases
such as cancer, heart disease and emphysema. I applaud you
and the Florida legislature for not only attempting to save tax-paying
Floridians millions of tax dollars, but also by drawing increased attention
to the perils of tobacco use. I have been watching with interest the
recent congressional hearings during which evidence has come out
that certain tobacco companies have long known of tobacco’s addictive
and deleterious effect on our nation’s health. I understand the
legislation that recently passed the Florida legislature is being touted
as the most far reaching anti-tobacco bill in the country and accordingly,
is something that our congressional leaders and other states may
want to consider.
Congratulations to you and the legislature on leading the fight
against the ills of tobacco use for a healthier America.
With best wishes,
20
Convention