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Do You Want Justice or Law

CaseyAnyone who regularly follows CNN and American TV news in general will know how the case of Casey Anthony who was suspected of killing her baby polarised the opinions of the public. Some people were furious about the findings of the jury.

And then, on CNN, I watched this interview with a senior lawyer that just riveted my attention. He was asked: “Do you think Justice was done” and his answer was: “If you want Justice, go to a philosopher. Law is not about doing Justice. Law is about following the correct process.” He continued: “This case was not decided on the merits of Justice. The Jury was not asked to determine whether justice was done, they were required to make sure all the people were acting according to the law.”

That is a very interesting opinion and it reflects off so many of my facets of my life and my divorce, and it impacts directly on how I feel and think about my life.

For instance, if I feel resentful after my divorce, is it because I feel Justice hasn’t been done? Well, a Judge proclaimed me divorced so I cannot fault the fact that the correct Legal Process was followed mostly correctly. A “Just” decision, then; a correct decision. Legally compliant, declared by a legally competent team of people. Why is it called The Department Of Justice if they don’t do justice? Justice should have been served, then?

Yet there is the uneasy feeling when I look at the children from divorces that something isn’t “just”. Can you call the path of destruction left in the lives of children by fighting divorcing parents justice? I still feel that justice has not been done to them – especially to the little ones? Actually, is divorce ever justified? Are the results of a divorce justified / justifiable? Isn’t the “justice” in divorce largely determined by who can afford the better lawyers? If so, in fact, the situation then becomes that money buys you justice. More money equals more justice? Is more justice better justice? Or are we really saying more money buys a better legal solution?

And in the end, how does the children feel? Do they feel like justice was done?

I am reminded here very strongly of the Bible Story of the Crucifixion of Jesus. In Matthew, Pilate washes his hands to show that he was was just following the Law and not really responsible for the execution of Jesus and reluctantly sends Him to his death. Was Justice done, or was Law done?

I don’t have the time to develop deep thoughts about the difference between “justice” and “law process” right now but I just wanted to put this thought out there. What do you think?

 

One Response to “Do You Want Justice or Law”

  1. Shirly Elsass Says:

    Ostentatious!

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