Estrategia. August 12, 1994
The law seems, at times, to be a rather theoretical, difficult to understand far-flung concept from the daily and simple life of ordinary citizens.
In this respect, William Shakespeare, in his play “Henry VI, Part Two”, noticeably reflects this kind of claim, (Act fourth, scene two). The rebellious Jack Cade, who leads a revolution and aspires to be appointed king, expresses to his followers, who hail him: “I thank you, good people; there shall be no money; all shall eat and drink on my score; and I will apparel them all in one livery, that they may agree like brothers, and worship me their lord.”
Faced with such an attractive promise, the direct reaction of his most immediate follower is to shout his support in a powerful voice: “The first thing we do let´s kill all the lawyers.”
In the colloquial language of this 16th-century literary work, written in English (whose Spanish translation I have just quoted), requires greater precision. Such statement really refers to all persons at law: that is, lawyers, judges, authorities, and legislators. The revolutionary Jack Cade thus expresses the vague fear of an uneducated person, somehow reflecting his lack of hope and faith in the legal system.
The entanglement of legal provisions often presents itself as something scary, which inhibits freedom and violates the well-being of ordinary citizens. An unjust or malicious conduct by a person of law, when this occurs, can generate even more negative effects.
There is, undoubtedly, a very profound message on this topic for all of us who, one way or the other, act within a legal system.
I cannot but recall with appreciation the teachings of my professor at the Faculty of Law of the Catholic University of Chile, Mr. Sergio Baeza Pinto (R.I.P.). Prof. Baeza, quoting Ulpiano, a Roman treatise writer, typically explained concepts using Latin quotations; for example, that the law can be summed up in three concepts: honeste vivere, alterum non laedere, suum quique tribuere. This means live honestly, do not hurt anyone, and give to each his/her own. These three basic and easy-to-grasp concepts sum up the ultimate sense of fairness, which is the essence of any law-abiding behavior.
Those persons who “do things”, invent, create, travel, bearing risks occasionally entailing economic upsets and losses, often dread the force of law and that of its representative and guardian: The State.
Along these lines, entrepreneurs face and fear a double jeopardy situation when confronting the State: Firstly, via overregulation that might drown out private initiative and freedom: Secondly, via direct state interventions in the realm of business activities that might imply unfair public sector competition with the private sector.
As far as interpersonal relations are concerned, the principles of fairness are based on mutual respect and on the equivalence of benefits. Thus, contracts are signed and executed in good faith between the parties whose respective benefits ought to be similar; namely, what one party gives or does, is seen as equivalent to what the what other party ought to give or do.
I cannot but agree with another university professor who, upon our overexposure to news about malevolent, dishonest and malicious individual behavior by ordinary citizens and also, occasionally, by persons in a position of authority, expressed his profound sadness at the damage that such news flow were inflicting to the very soul of our nation. Moreover, what is there to be said about the damage caused by messages stemming from certain TV shows, underpinning the concept of family to those more akin to wild passions, hate and other negative feelings and emotions!
Thus, both the abuse of power by authorities, as well as the malicious exercise of individual freedoms, can cause serious harm not only to the individuals directly affected by such erroneous conducts, but also substantially alter public trust in a country’s political and legal system, which is key to its very existence.
Despite our witnessing of daily occurrences of unfair or abusive situations, all the while understanding Shakespeare’s fears in this regard, there are instances in the lives of lawyers, judges, legislators and other authorities, however, that strengthen our faith and hope in our fellow human beings. As we perceive the core value of the virtue of justice applied to concrete circumstances, we are bound to recover our own practice and sense of the law.
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