Wednesday, September 29, 2004

Settling disputes

Where to turn when no other way works...


So today at "work", I was on a jury. Procedures were followed. Some people said things. It was interesting.

I suppose I should be glad that we have a judicial system in place whereby disputes between parties can be settled in a legal way, in a way that each side recognizes as legitimate. What has stood out to me is the orderliness I've observed, and the painstaking way in which facts are established. Particularly striking is the way in which facts cannot be established. It can seem like hair-splitting to get at the truth of a matter, but I understand that from physics. One must be precise and orderly--hair-splitting--before one can go about atom-splitting.

It would of course be wonderful if disputes could be settled before court, as the Lord tells us to "settle matters quickly with your adversary who is taking you to court."

One could also point out that the civil justice system in its current state might be being abused. But abuse of a good system may say more about the abusers than the system. No system on Earth can be perfect. Corrupt men will taint everything they touch. Such is our lot on Earth.

Justice, at least in this public sense of settling civil disputes, is to be blind. And I appreciate that. We have, at least in principle, rules and procedures whereby one can make one's case before an impartial entity... the jury. While surely falling short of God, the perfectly impartial Judge, a jury of disinterested parties is at least a step in the right direction. It may not be a perfect system, but what are the alternatives? The law of the jungle? Bribery and paying off officials to rule in your favor? Throughout the ages, what system has worked better? I'm no scholar on this subject, so I don't know.

But I do know that I have personally met many immigrants who come from countries where a civil justice system is a laughable idea, where justice has her eyes wide open, one greedy hand on your wallet, and another holding a gun to your head. Those are the ones who are grateful. Grateful to now live in a country where disputes can be settled without bribery, without bloodshed, and under the rule of law, laws which all--rich or poor, wise or fool--must abide by.

1 Comments:

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