Law – Truth Conscience Loyalty Crime prevention
Lawyers have one of the most highly respected professions, and many of them do become judges, and thus command ultimate power in society – the power to sentence, free, punish or protect anyone accused of wrong doing. In no other aspect of life is pursuit of truth more vital than in the pursuit of justice in law matters. Wrong imprisonment, wrong death sentence and lack of or inadequate compensation for damage done to victims are extremely painful forms of injustice in any society. Yet, modern law practice is not aimed at finding the truth, nor are lawyers trained in the ethics required to prepare them for finding the truth. Dutch law schools do not even teach ethics as part of the syllabus in the training of lawyers. Here is the alarming attitude of Dutch lawyers to the truth. Other countries may not be much different in this respect.
Several leading Dutch defence lawyers each openly admit on TV that in their work as lawyers, they are not out for the truth. They thereby also admit that what they pursue is akin to lies. They say that pursuit of the truth is only for the prosecutor and the police, not for lawyers; unless their client has been jailed wrongly. They find it far more important to get a client freed if arrested or prosecuted than to reveal the truth that may work against their clients. They regard the truth more as their enemy than as a friend.
Similarly, lawyers find the question of conscience irrelevant. Defending a criminal is not what you do under strong influence of a conscience. But, they try to adhere to legal procedural rules, since otherwise, their very practice and career would run into jeopardy. While not interested in the truth, most lawyers claim to be loyal to their client’s interest.
Even if from their client they know that a murder or serious crime is being planned, most lawyers would not warn the police of it to prevent the crime from being committed. A few lawyers said they might in some exceptional cases consult the national order of lawyers as to what to do if such dilemma arises – the dilemma between loyalty to the client, commitment to secrecy and becoming an accomplice in an impending crime. None of the lawyers would report an impending crime to the police nor to other authorities because doing so would jeopardise the interest of their criminal clients.
These revelations about the lack of ethics in Dutch law practice came to light on Dutch NOS TV series ‘Kijken in de ziel’ (Searching in the heart) 6-6-11. Serious political and academic action is needed to correct this great error among lawyers. Laws schools should be forced by legislation to teach ethics.
Learning consists also of unlearning and re-learning. In Confucianism, it is character-forming for yourself, and not just the acquisition of skills and information. Learning is a life-long process because the brain does not stop generating new stores for new knowledge to later help cope with new challenges.
Children struggle with their problems because their brains are not yet able to grasp some of the issues they face. Teenagers and quite a number of puber adults have those problems we associate with puberty because their brains are not fully developed to handle the controls needed to overcome social challenges, nor fully assess risks, nor really fully realise the consequences of their behaviour on other people. Yet their desire for emotional rewards is strong. In short, they seek the wrong rewards – drugs, drink, sex, quick pleasure – because they are not wise yet.
How many marriages and families break down as a result? How many lover’s hearts are broken, and how many businesses and resources are wasted – all because of one puber’s silly adventures of the moment? Desperate house wives in mid-life who as sugar moms stupidly claim to feel in love with boys about the age of their sons, and childish husbands in middle age who get infatuated with girls still in puberty, destroy their own happiness just for a few moments of sexual fantasy. All because they are too jolly about the wrong things, and are too blind to see the folly of their flirting games.
Posted in ethics, health, Idiosyncrasy, mankind
Tagged culture, freedom, idiosyncrasy, love, safety, smartness, stupidity, wisdom
A virtue in one era may not be so in another. - Civil Fact
Negative views are most difficult to explain. – Civil Fact
You can fool businessmen some of the time, politicians much of the time but voters almost all of the time. - Civil Fact
In life nobody is inexpendable. - Civil Fact
Ideal community secures stability
The ideal community or nation today would:- secure the rights of private property and safety for the public; secure the rights of personal liberty and justice; enforce the rights of legal contract; provide stable, responsive, honest, efficient ungreedy government, and not necessarily be the classic democracy. - Civil Fact
Posted in ethics, government, politics, Regulation
Tagged civics, culture, idiosyncrasy, justice, law, politics, safety, wisdom
Haste easily makes waste. - Civil Fact
“Every technique begins with an idea. So also with a revolution – whether as fundamental transformation or as violent change in affairs. The industrial revolution was made possible by an industrious revolution.” – Japanese professor Akira Hayami
Ignorant mind too easily won by religious dogma
“Too much of religious doctrine is pure dogma, embellished in intolerance, ignorance and superstition. Religious preaching has repeatedly been used as an instrument of conquest. (Spanish over American Indians, Fulani kingdoms Sokoto, Katsina, Kano over the Hausa) Cleanliness gave cause to suspicion and bathing was evidence of apostasy during the Inquisition. The persecution of Galileo Galilei, Giordano Bruno and Socrates show that thought control aims to convince, failing which the aim turns to convicting. Who will not pronounce dogma must against his inner judgement be forced to denounce ‘heresy‘. Hence Galileo‘s confession – ‘Eppurre si muove’ (Say what you will, but it moves!) Descartes moved to Amsterdam to escape Jesuit pressure in France.” - Civil Fact