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7/1/01

STRAPPADO WRACK

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The Law Lost

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Few professions are based upon the skill of becoming a wordsmith. Even less are adept at using logic, analysis and reasoning. And fewer still are able to pursue the cause of noble purpose. Our view of the legal calling has been shaded with visions of esteem and respect since childhood. We have been taught that honor and duty were tenants that advocates of the civil law took to heart and aspired to follow in their occupation. But at some point in our lives, we are brought into direct contact with the reality of the legal trade and are left with a foul taste from the experience.

What is the cause for this disappointment? When the allusion is uncovered and the image is unveiled, we are confronted with the compromise of values. The standard of right from wrong adopts a secondary position to precedent. Upholding what can be done from what should be rendered constitutes a path that all too often abandons the purpose of the 'Law'.

Advocacy for the sheer reason that the precedent allows, is a perversion of the noble purpose for law. When 'Truth' is abandoned, 'Justice' is denied. Civilization is created and maintained through an arbitration of disputes that respects the 'Rights' of ALL Individuals. The 'Law' is the guide to settle and judge adherence to criterion of conduct. But it is left to the realm of morals, ethics and values to establish those principles. 'Equity' suffers not a right without a remedy, is based upon moral standards of conduct and ethical codes. The 'Law' is NOT meant to make those mores, but to apply them. Judges are the umpires of the rules. Lawyers are the presenters of the evidence. And the Jury is the determiner of guilt.

When the parts of this drama fail to conform to their proper role, the system deserts its legitimacy. At the core of administering 'Justice' is the TRUTH . . . When lawyers forsake veracity for victory, they destroy the ideal. And the 'Ideal' is the only force that unleashes willful consent of each citizen. Without 'belief in the fairness' of the process, only force remains for compliance. The Law is not complicated by its nature. Certainly, not any more difficult to understand than knowing 'right from wrong'. The mystique that the legal profession attempts to attribute to its practice, is meant only to serve the interests of that occupation. There is no intrinsic superiority for this 'so called' esquire class. The position of excessive influence, that they have assumed, has been achieved because the citizens of the Republic have abdicated their correct role as sovereign citizens. The result of this renunciation has been the rise of repression and injustice.

The conduct and behavior of the barrister abandons their counselor function. They refrain from the documentary role of a solicitor, and seek to alter the outcome or verdict. The first causality, is usually the truthfulness of the presentation. The result of these actions destroys the process. And the final consequence ultimately, reduces the 'Rights' and options of the individual, who is called the 'client'. More properly, he or she should be addressed as the person in charge, and the attorney as the hired hand to file the papers and relate their understanding of procedure. When these roles are distorted or become non existent, the public is led down the path to second class status. Put the attorney in charge of legislating the passage of laws, and you enter the domain of the plantation. And slavery is the real commodity that is produced within the province of this arrangement.

When the Law is stripped away from the control of the populace, and conferred through the offices of an elite; the dispensing of 'Justice' becomes rare. The significance and respect for the process is diminished. And when perceived righteousness is lost, Society vacates their support for the execution of its practice. So when the question is posed, where did the law go wrong? The answer is, it went the way of all other tyranny. It was surrendered without much of a fight, by the people who were blessed to receive it as a gift, through the suffering and sacrifices of all prior generations. And all the time, that capitulation was rendered nice and legal, and certified by a judge . . .

SARTRE - July 1, 2001

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