The Problem with the Law

Below is a Post from April 2007 about the Law:

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"Lately, I've been grumpy after my "Professional Responsibility" class. I am always shocked at the behaviour of lawyers. The mere fact that one has to ask the question, "Can a good person be a good lawyer?" is troubling to me.

I do like my professor though, Mr. Law (yes, his name is Law). He is asking the right questions about the law and the profession. Today he went on a bit of a rant about how we have too many laws and that this is a problem. I agree. I have become much more sympathetic to the anarchist cause since starting law school. Interesting.

Here is my brief argument for how the law has contributed to some negative trends in Canadian society:

1. A Sense of Entitlement
Though I am generally a supporter of the Charter of Rights and Freedoms, and of Human Rights initiatives, this focus on rights, especially on individual rights, has contributed to the sense of entitlement that Canadians seem to exude. People feel that they desire this or that; that they are entitled to more, to better. The law provides legitimacy for this attitude. The law provides a way for people to seek recognition of those rights (whether real or fabricated) and seek compensation for the violation of those rights. As a result, people want more. They are not patient. They do not work together. They cannot compromise. They cannot turn the other cheek or give up their cloak - because they are entitled to that cloak - it is theirs.

2. Money Solves All
The law can really only provide one remedy - money. Yes, there is jail time for people in criminal situations, but that is not a remedy for the victim, but for a punishment for the accused. The court cannot make people say "I'm sorry" and mean it. The court cannot force people to hug it out. The court can only grant compensation in monetary terms. What does this mean for society at large? It encourages us to believe that money does solve all, that riches equal happiness, that pain can be paid away. When disputes arise, people need healing, not money. And this can never be accomplished through the modern court system.

[a note from 2008 - after taking classes in restorative justice and ADR I know there are alternatives to monetary solutions, but they still dominate legal remedies]

3. Advisarial Interactions
There are moves to solve problems through mediation. However, the traditional adversarial system is alive and well. The system that pits me against you. One winner, one loser. And so, we go through life with a me-vs-you worldview. Look out for yourself, take care of number 1, screw everyone else. This does not foster community. This does not foster cooperation. This does not promote creativity. This destroys relationships.

4. Law as Morality
It seems to me that many of us have allowed the law to define morality for us. This is very dangerous. The law can only set a minimum standard. Many immoral things are legal. We must always strive to exceed what is required by law. If I see someone drowning, I am not required by law to save them. There are many good policy reasons for this. But, if I watched a person drown, knowing full well I could save them, I would have made a terrible, immoral choice. The law is not a moral code - morality and legality many be connected but they should never become synonymous. Unfortunately, for many, they have.

Now, I certainly wouldn't say law is the root of all evil. The law has many necessary functions and often improves human interactions. But we have to be careful about what messages our particular system of law is sending us, and how we are responding to it.

In Christian circles, many people criticize others for being too "legalistic" - for caring only for the rules and not getting at the heart of God's law, for not living by the Spirit. Let us not become too legalistic in a secular sense either (and may I suggest it is also inappropriate to separate out the secular from the spiritual).

I hope in my own life I can live with wisdom and know what actions are moral, not just which are legal. I hope in my own life I can see the needs of others and not demand what is mine. I hope in my own life I can live as a member of a community and in whole, loving relationships. I hope in my own life I can view money only as a tool to accomplish the work that must ultimately begin and end in love. I hope in my own life I can rise above the law. [And now, in 2008, I would add that, I hope to participate in those justice initiatives that are already going on that address the above criticisms.] "