Tuesday, May 21, 2013
The truth about going to court perhaps can be found in the works of ancient wisdom. In Ecclesiastes 3:16, Koheleth, the Preacher, says this about judgment and justice — the institutions of our judicial systems:
And I saw something else under the sun:
In the place of judgment—wickedness was there,
in the place of justice—wickedness was there.
We have the idea that if we were to take our dispute to the place of judgment, the place of justice, we will be treated with reasoned judgment and with justice being applied to our cause. It is the hope of a good result, one in line with good judgment and justice.
Inevitably we are disappointed. Although there are times when good judgment and justice are the result, the truth is that a certain wickedness always prevails.
The lawyer, advancing a good cause, the spirit of the legislature, and the words which embody that spirit, finds that the court is not inclined to look to the spirit of good in the law and the words which embody the spirit. Instead, he experiences the opposite. The court is on the side of the wrongdoer and decides the way of the wrongdoer using words to create the illusion that the spirit and the law were otherwise. The judge’s decision is a mere rationalization for and act which is arbitrary.
The decision is not a product of the law, instead, it is the product of the individuals who have forsaken the law and proper judgment.
There is always hope things will change. But usually, that hope happens over time, time when the people are desirous of something other than the status quo and the representatives of power which has become unpopular.