A Thirst For The Truth
by Harun Rashid
June 15, 2000

Civil order depends on the ability of two parties to resolve a difference without violence. The legal system provides this essential function. But people must believe the system is fair, and that a finding on the facts will resolve their disputes satisfactorily without resort to violence.

Because the law will not provide jurisdiction over disputes which arise over illegal contracts, criminal conduct such as drug dealing does not enjoy this advantage, and so criminals must rely on their own methods of enforcing contracts. This explains the numerous instances in which drug disputes are resolved by individual acts of violence.

The absence of assistance from the legal system relegates criminal conduct to a category of risk unacceptable to the perspicacious, even if moral and ethical considerations do not proscribe it. This potential for violence is a major risk that must be added to the penalties the law provides for anti-social behaviour, payable only on conviction.

In civil matters there must be confidence that a single judge will provide a fair resolution, one that is free from undue influence by either party, or even a third party. This is a heavy responsibility for one man. Only trained persons can perform the judiciary function, because a knowledge of the law is a prerequisite. Extensive education, examinations, experience are prerequisites for positions of this type.

The facts, when fully presented before the judge, provide a foundation upon which a fair decision may be made. Each party is invited in turn to offer factual evidence in support of their case, and allowed to argue for the rightness of their cause in the eyes of the law. It is for the judge to carefully note the facts presented by each side.

Members of the Bar are ethically bound to present all the facts clearly and honestly, with no attempts to deceive the judge. The judge must be vigilant to maintain this standard. It is essential that the judge have a taste for the truth. He must be seen to want to know the truth of the matter. He must not be seen to be incompetent, or confidence in the entire judiciary is eroded. That is why the selection of judges is a serious matter for any society seeking peaceful resolution of conflict.

In civil matters the contract is the fundamental document upon which commercial enterprises rely for the successful transaction of their business. Great care is normally taken that all requirements for a valid contract are met, and when disputes do arise, it is the judge who examines the documents to determine if all requirements are indeed met.

The judge must have a thirst for truth. If there is a perception that he acts in a biased manner, favouring one party over the other, the system falls into disfavour, and civil unrest is the result. It is essential therefore, for the government to investigate all allegations of judicial misconduct to avoid general dissatisfaction leading to public unrest.


back to list of articles

The url of this page is https://harunrmy0.tripod.com/06Thirst.html