Where
has justice gone?
Justice may be defined as that state which obtains
when truth prevails. Unfortunately, the notion of “truth”is
one which is very much maligned at present. We live
in a time where it is generally conceived that truth
is relative. Truth is now considered to be a product
of context; there is no absolute truth, but only relative
truth as perceived through a subjective interpretive
lens. Truth differs from culture to culture, from person
to person and from situation to situation.
The consequences of this shift in thinking about the
nature of truth has impacted on the operation of our
justice system. Freed from the shackles of arguing for
truth, lawyers have been freed to marshal every conceivable
argument in support of their clients’ position. Truth
will emerge from the contest itself, from the hue and
cry of battle, and is not the responsibility of either
party. The goal is victory, not justice.
In my experience with lawyers, there is very little
discussion or recognition that the concepts of “justice”
or “truth” play any part in their day to day activity.
Lawyers are in the legal business which reduces the
role of client to that of customer. The customer is
the one who pays the bill and sets the agenda. In many
instances, the lawyer becomes no more than a mouthpiece
for his client.
The client is not well served in such an environment.
Operating in a moral vacuum, lawyers’ conduct can reach
excesses which are only limited by the rules mandated
by the Law Society. These excesses contribute greatly
to the erosion of confidence in our legal system and
the general disrespect held towards the legal profession.
For me, the issue of justice starts from within - by
achieving a balance of mind and heart in a given situation.
Not only must my mind be satisfied, but my gut as well:
the direction must feel right. This discernment leads
to the advice I give and ultimately to the action I
take in any given case. It may bring me into conflict
with my client, particularly if I feel my client should
bear some responsibility that he or she in disinclined
to bear.
Justice is an ideal which can illuminate every day
of a lawyer’s life if he so chooses. There is nothing
more satisfying than acting from a place inside of yourself
where you believe in what you are doing and why you
are doing it. By following that internal compass, the
apparent perils of relativism are overcome. I am pursuing
the truth as I see it, and I can do no more than that
-either for myself or for my client. In other words,
we must not let the fact that truth appears relative,
relieve us from the responsibility of pursuing our individual
truth.
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