Judicial System Replaced by Inquiry into Truth

This poem was inspired by a friend of mine who became a Lawyer. She studied in pain and had many setbacks. Yet she persevered through the good and bad days to achieve her dream of being a Lawyer. She is a person who is humanitarian and generous to a fault. She believes in law that is based on social justice. It is not just about winning and profitability for the law firm, but to hold the truth higher than profit. Lofty ideals, yet these ideals set standards for others to aspire. One has to start then others follow, that is how it works.

In truth Justice is not legal argument, it lives in being just. That is the true meaning of Justice. The challenges society faces with law today are: firstly the expense of lawyers; secondly the use of argument rather than truth to win the case (even though seeking truth), hence adversarial posturing. The system is set up to argue both sides and a Magistrate or Chief Justice sits in the middle sometimes with a jury to determine what is true and a fair punishment based on precedent and legal rules.

My experience having been either a witness in court cases, or watching from the gallery, or observing is one proving the other wrong, trying to find evidence to discredit or diminish the others case, hence creating an ‘other’ which is adversarial. This does not lead to problem solving or a higher learning from the experience that was deemed by society (or legislators) as wrong or not in society’s interest (better wording). It is well known that adversarial legal action can do harm to relationships and many walk away discouraged with the legal system and often without any money carrying deep emotional scars. Just imagine if they were able to solve problems, communicate clearly, empathise with the other and seek a win/win in their dealings with the ‘other’. If this was the norm, just imagine the money saved and relationships healed.

Alternative Dispute Resolution arose out of the inability of courts to deal with emotional or power issues often evident in Family Law matters. I recall over the years a series of Family Court murders of victims or threats to Judges as family issues are intensely personal and full of anger and hatred. Very intense emotional environments. Mediation these days is often a court ordered process where many, whether they like it or not, have to go to mediation to meet legal conditions. I would like to see mediation being used as the norm rather than imposed. Society does not fully understand the importance of accountability of actions. I think more can be achieved when a person is faced with the person he/she attacked or robbed and the emotional and social outcomes of what their behaviour did. To find ways for them to give back to society or contribute to society to feel apart of society rather than a separate part disconnected and somehow rejected or marginalised. In legal cases the perpetrator and victim stand behind a lawyer and legal argument is played out to win/lose but not to learn the lesson personally or find empathy for the others suffering. This is where real social reform can occur.

I don’t see prison as a reformer, it is for punishment (revenge). I would like to see people engaged in community service or further education, where possible or psychiatric intervention. I will add in, what most people won’t expect here, ‘love’ . Love is avoided in all professional areas, seen as a motherhood statement, too soft, too weak etc. when what the guy needs is a hard lesson so he won’t do it again. Yet in reality, love is what melts the hardest heart and often the anger and bitterness that is revealed through violence masks the loveless life perpetrators have experienced, perhaps from his own father and not learning how to respect others or value property. For men it is much tougher as society says don’t cry, don’t express emotions, be a tough guy and hardness is admired. Yet in reality it is denying the strength within that emotions express, the truth of feelings and we are all feeling beings, we are not brick walls, that is the lie of masculinity.

Values of humanity were enshrined in the Universal Declaration of Human Rights after the Second World War because of the valueless war that killed in excess of 50 million people. Violence without values. I feel instilling values are far more important than punishment. When you change within, the world changes.

I remember Byron Katie (www.thework.com) interviewing inmates at a prison in the United States. She spoke to a guy that was in for murder about the problem he was having as a father with his daughter. Being inside he was unable to have any say over her life. He was angry with her (and himself) as she wanted to drop out of school. He was saying ‘she should go to school’. Byron Katie asked him the questions eg.

1. Is it true? (she should go to school) he said yes

2. Can you be absolutely sure it is true that she should go to school? yes

3. How do you feel how do you react when you think this thought? angry, powerless, annoyed, fight with her etc.

4. Who would you be if you dropped the thought – she should go to school? peaceful, free, a kinder father etc.

5. Turnaround – she should not go to school,
I should go to school.

She then asked him to find 3 examples of where this is true. This helped him to explore the opposite of his belief. Rather than just standing steadfast and perhaps losing his daughter anyway. Now this last turnaround was interesting, as he explored that actually it was he that wanted to go to school to be a Counsellor. He saw not going to school landed him in jail. Byron Katie stated that he lead by example and go to school, the daughter can learn from him, if he goes it must be true hey. The reality is she is not going to school (right now). How do you know it is best for her? Of course he didn’t know what was best for her? There was more depth to this inquiry however it showed a way to investigate thoughts differently. No right and wrong just exploring the beliefs that lead to right and wrong that create conflict. So inquiry is really interesting as it explores our beliefs as quite often we make our decisions from unquestioned socially acceptable paradigms or what our parents taught us, but in reality it may not be true for the other.

You can see the interview on Byron Katie’s website. It is excellent.

In my life experience I left school at 15 and went to work. I went back at 17 and dropped out again. I just wasn’t academically ready and I was bullied at college, I didn’t want to go. So I went back to work again. Then I decided to do my higher school certificiate (years 11, 12) in one year. I got through there and then I spent another year working, then I went to university and did an Economics/Marketing degree. Now had my parents told me I had to go to school, I would probably have failed and this would have had impacts on my future. My parents didn’t interfere they just let me make up my own mind.

Who knows what beliefs the man in jail believed which took him to jail. Yet inner inquiry is the place where reform occurs, you have to make changes within. That is how the world changes. Inquiry lead him to know himself better, to treat his daughter with respect and empowerment, and to develop his own wisdom, which everyone has. His dealings with his daughter will be kinder and not dictatorial. Just imagine courts led by facilitators rather than judges, that lead to inner truth not winning. Judgement goes out the window in favour of wisdom were truth is reality and best interest is served, not self interest. I like the feel of that.

That could be a new future possibility we can choose.

So here is a poem for my dear friend who believes in truth.

THE HARMONY OF TRUTH

Days turn into months,
And they flow into years,
And the experiences flow like a gentle stream,
Over my feet,
For this life is a feat of courage,
For as I watch my friend,
She is high then low,
She is strong then slow,
For her illness is her adversary,
Her thoughts channel her vision,
For she is fighting for a life,
That saves the world.

I see my reflection in her image,
For there is likeness in this determination,
I see passion in discussion,
In detailed thought,
For her order is in neatness,
For it is neat to see such order,
For I am in chaos,
Yet I am a clown,
My life is a Picasso painting,
Yet I admire the perfect portrait,
Of another artist.

International law is her precedent,
For she is unprecedented in seeking justice,
For injustice she has challenged herself,
She is a maverick,
Yet an honest critic,
For the camouflage of masks,
She revels in revealing,
For this is her healing,
To be strong and true,
To be honest and exacting,
For she is seeking a higher way,
To rise above the limitations,
For there is no ceiling of limits,
No statute of limitations,
In her constitution,
It is frail yet strong,
Isolated yet she belongs,
For many are cheering her challenging remarks,
For this is the mark of courage,
Of which she is overflowing,
For her cup is half full,
For she is also a fool,
And has seen the joke in the humour,
Unshackled the yoke from the stupor,
That is the bundled life,
Yet to be unraveled.

So go forth my friend,
For you are giving without thought,
For you think of giving,
You value the comfort of another,
And this is the real blessing,
This is the real life,
For generosity is the fruit of love,
Fear holds the world tight in bandages,
Fear never changes,
Or recognizes it is not right,
Yet you always giving more,
For you are rich beyond belief,
You develop your ability,
Through disability,
For vers-atility comes to those that seek to manage the pain,
They find the way,
They have their say,
For greatness is this very path,
To overcome and endure,
To accept and become pure,
For love is the answer,
This is what we know,
And as we relax and accept the gifts,
The harmony of truth carries us away as pain killers,
Into the arms of great opportunity,
For that is the universes way of pay,
To which you’re entitled.

So break new ground,
Question the answers,
Cross examine the responses,
Find the truth in confusion,
Turn argument into discussion,
Turn destruction into construction,
And live the passionate life,
That never succumbs to weakness,
For this is the meekness,
That rules the world.