Dehumanization and lack of Justice...
By Mariano Sierra S: His future in the face of humanism, the metamorphosis of the political monster and the lack of government.
The decline of our justice leads us to that another justice is possible if we divest ourselves of idiosyncrasy, pride, the impetus of power and man strips himself of his self.
Men and organizations are located within very particular behaviors, therefore it is of singular importance to know the character and profiles of people such as legal professionals without exception to whom we turn so that through their management we can solve some of the problems or minimize the effects of legal risks.
The legal practice tends to be clouded by showing the lawyers' label referring to the good or the bad of their professional behavior. But these behaviors cannot be qualified without first knowing the argumentation of the professional nature. Not because of the abject behavior of some, the behavior of others can be described. It is not intended to make value judgments, but to reflect on the importance of legal consciousness that has lost its way.
Legal awareness goes much further. It must be ethical and moral as these elements are covered with high human content. Whoever works in such a great exercise, different disciplines converge in their management, since the law has an interference in the life of man. The legal role demands a range of interdisciplinary work that compromises what to do ethics and righteousness in business, making clear guidelines within the spirit of the law and all science of human nature.
The legal discipline is integrated into a process and application of principles nurtured by spirituality and humanism to be part of the natural and positive law consolidated to respond for harmony as a common thread in the scale of values and principles. The legal discipline makes sense from the knowledge and within the application of the legal postulates with rectitude and the ethical and moral procedure and especially with respect, a virtue that some of our judges do not know, therefore, they do not practice it or if it They do is for those their privileged. Respect is above ranks, positions, ideologies, beliefs or other social convention that are also in embezzlement.
Legal awareness is assumed with transparency and humility. Humility is the preaching and practice of law by the human being, putting on the truth, because above the law is man and the lawyer is the greatest interpreter of truth and whoever practices it will also be the greatest interpreter of justice to apply it without discrimination, with clarity, without deceit or legal trickery.
Truth and justice should not change because of the diversity of people. Perseverance, prudence and loyalty are other postulates that accompany the man of the law- Perseverance in management, prudence in business and loyalty with clients and it is the jurist who opens his pristine conscience towards others, acting without discrimination, always in search for truth and righteousness. Due to the just tests, justice must seek to give the law its meaning and the jurist with the application of ethics impose it not out of whim or personal interest. The objective of the law is the person.
For the jurist, whatever his center of action, it is so much to know the law within the world of social facts, doing it not by simple discipline, but by his human formation, otherwise his realization will be futile. The lawyer is the man of study, of reading, of knowing man, in order to discern with pristine clarity what is right and wrong, what is just from what is unjust. We have extracted this slogan from life ... It is in the facts of consciousness that the whole man becomes visible. Life is a fair historical process….
How good that we all meditate on this phrase of a great thinker ... Lawyer without science and without conscience, deserves great penance ... Law, justice are embodied in every particle of the social fabric, a fabric that claims order, respect, loyalty, equity, support, not persecution, nor harassment, nor prosecutions a priori, only processes adjusted to the law, not to the law of third parties, nor to the negotiated law or has capricious and also rigged impositions.
In Jesus and his becoming of the gospel we find the effect of justice before the Pharisees and the other groups of political and religious government who assumed abominable acts, which Jesus described as whitewashed tombs, that is, full corruption, which today is in vogue without many differences. These whitewashed tombs today carry out their functions like marble judges, disrespecting the toga and the crucifix that some display perhaps for decoration in their offices.
The toga is not a simple outfit to inspire, nor a garment of brilliance to expose the power that the right positions give. The toga in saying of the work The soul of the toga, she has a soul, she has feelings and will be used with the right by those who are really full of human feelings and a sense of justice. The toga has no meaning in those applicants of justice, who honor the marble judges, without human feelings, with permanent blindness, unable to orient themselves because they lack light, in the midst of mental disorder, to enlighten themselves in their Olympus, without traceability of the entire body of evidence and procedural budgets. And the crucifix deserves the maximum respect of the one who inspired love and justice in the world, respect for believers and non-believers, and its violation is the greatest blasphemous in the world as well as the non-application of justice.
When a conscience is adverse, it divides, it makes impossible all process and a just failure. This collision creates social crisis and the crises are producers of corruption, corruption that is strengthened by impunity. Justice and government is not a fiction. When government is preached and exercised by catervas, it disdains its reason for being, ignoring obligations to its people who want to share their problems.
This reflection calls for all of us to face the vices of justice. Each one within our social orbit must commit to act with rectitude, assuming just positions, of service to others, dignifying ourselves as human beings not as mere obedient ones, because in this case we apologize to tyranny and justice will never be tyrannical, but generator of liberation.
Another analysis is the probity of the jurist to exercise his office with the virtue of loyalty. Faced with these appraisals, the jurist must have a line of conduct, a straight thought to change when he has made a mistake. A famous lawyer clearly tells us that ... The lawyer must act as if he were a judge of the case, the magistrate of the process, to do only what his principles and his conscience dictate ... The exercise of justice does not have half terms , is full or it is not.
It is grim as jurists in the country, entering with supposed legality, with the endorsement of the other organs of justice, they call into question justice favoring those elites with adverse and very telling decisions, allowing impunity to triumph, leaving the pain in the perpetrators . Modernity tells us that any process for a good result requires traceability as a means of control, in addition to the principles of human rights.
To go against those who run over justice is to recover legal hermeneutics. Natural law cannot continue to become the shield of judges. We must put an end to the crooks and wise men of the law. Society requires free judges, without compromises, who do not sell themselves to the highest bidder, like Judas who betrayed Jesus, neither do they want Pilate-style judges, who hypocritically wash their hands ……. A wrongful conviction kills, but the spirit gives life.
The world requires judges like the famous Magnaud judge whose rulings made history. Today the judges depend on the letters of the codes, because they forget that it is necessary to go beyond the norm if they want fair rulings, reviewing the reality of life, being in the humanist feeling and not in arrogance, pride and the lack of humility.
Legal consciousness has been declining for decades, leaving its dire traces. Such a plot converges so that violence, corruption, insecurity are everywhere. When we act outside the legal postulates, when we make the law the cradle of impunity, we are corrupting the conscience, we are exercising the right violating deontology and the mandates of law. An impure conscience degenerates the judicial system. The duty of the jurist is to restore justice, peace and trust to society and to man his dignity.
The reform of justice has become a becoming, but we do not realize that we have to reform ourselves in our actions. We must stop being those marble jurists, without human sense, ignorant of the human soul that seeks transparent justice in its jurists, in its judges and does not condemn it without mercy. Let us get rid of believing ourselves magistrates of the heavenly court, being jurists of science and conscience.
Legal consciousness is the relationship of all action with the truth that is found in every rational being whose principle is the maxim of love. Society is the product of people with their specific purposes of coexistence, which is ordered as long as it is governed with a common good criterion that does not presuppose the existence of personal conceptions or behaviors against third parties.
In every sense it becomes us, how sometimes irrationality is above acts. The man of today is not ashamed of his cynicisms, his transgressions, his injustices, his foolish acts, He hardly tries by any means to go back to show his wise prudence, his gallant reputation, his lordship of being, his dignity. Today's society lives the justice of darkness and blindness, disorder, outrage and violence. The darkness has reached the invisible state that hides pretexts amid claims of management, holding lies with nonsensical tribal truths. And that darkness does not escape the law within the light of social hope.
In justice, compliance and obedience are preached, but this regulation does not always work as Erich Fromm says when he tells us that to disobey is a value, to do it to the mandates of power to shake us and become more human when they want to enslave us.
From democratic voices we draw thoughts on justice, governance and the defense of comprehensive human rights. All for the common good, are in a vacuum, because the people are absent from the objectives. Overcoming errors must be a social principle to transcend present realities and the blunders of development. Necessary and inevitable is the active participation of everyone in social life, that is, in the regime, under positions of liberation. The people are in function of exercising their rights, producing government effects against inequalities and the lack of justice. That is, it is the obligation of the people to recover and defend the embezzlements of failed governance with facts and not with expressions of discomfort.
. Governance means transformation, not lasting, and for this we must end the sinful castes that darken the country's panorama. To all this, the absence of imagination of governments to offer solutions to conflicts is added. Justice, judges and rulers in their functional dimension, must offer in their praxis actions open to all dimensions of human action to fulfill as part of that great constitutional objective ... The common good
It is said that we have evolved, but our actions show otherwise. There is no human demand or nature that prompts us to carry and practice a conception of justice that vindicates and defends social inequalities such as recognizing rights in the different stages of society. In the trial, hermeneutics makes a direct relationship during the evaluation of the process, but collapses in the face of disaffection on the part of the justice operators. This mortal sin causes justice to become imprecise, it cannot be interpreted to bring it to reality.
Those who enter the world of law must demand themselves to impart justice and in that action do so both for the accuser who requests it and for the accused who also aspires to receive it. Justice must abide in the human spirit, in the humanist, in the heart of man as a whole of loving and serving, in the jurist who creates law so that the cause of justice works and the innocent is not convicted or the innocent is acquitted. guilty.
The jurist in his professional application must attend to many elements, some embodied in this reflection, which is complemented by the virtue of syndéresis, from which we suffer so much to investigate, express ourselves, discern, defend, impute, make decisions and make judgments with discretion. good sense and prudence. All with true human meaning.
A correct legal conscience, a reliable justice allows to be under the perceptual capacities of the facts. Syndéresis allows, on the other hand, to understand the truths to live with moderation and act with justice, sacrifice and equanimity. If you want rectitude in the legal development, you must enhance reasoning processes based on very human principles and not under tortuous pretensions. If we rely on the application of syndéresis, it will be possible to prevent claims and privileges from damaging those people who have acted with righteousness.
To find the purity of the jurist and his decorum, it is necessary to enter his premises with pure spirituality, making it clear that the law, as one thinker says, is… A problem of men, not of laws …… Law is a problem of humanity. We have dehumanized justice through a foundation without conscience, through the impunity of irrational consciences.
Let's finish with the thinker who says ... Talent, training or knowledge is not enough when the relationships of social animals are given to us to forge ourselves and coexist behind our masks to modify our negative acts ... ... .. Politicization puts masks to justice and its workers generating impunity, Without justice there is no development, the political monster changes the course of the social order even more when justice is always being delegitimized.
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