Wednesday, January 18, 2012

Legal Schizophrenia

The most recent developments in the Corona impeachment has led to a schism in my thoughts, mainly between Consuelo, Atty-Trying-To-Be (let's call her "Connie"), and Elo, the ordinary person with a rather moody streak of Marxism (she's just plain old "Elo" for the rest of this text). Connie, a student of law, must always be prepared to think both ways--how to convict as well as defend any client in any case that might arise, wherein guilt of the accused or otherwise is immaterial. She must sift through facts, know the proper laws and jurisprudence to help the accused get away with their offenses (if any), and at the last, most desperate moment, summon legalities and/or technicalities to hide the blemishes and imperfections of the actions and/or ommissions of the accused. Connie has no room in her mind or heart to doubt the accused, as she must believe (the proper legal term is "presume") the innocence of the accused, until proven guilty. Connie cannot employ anything other than the rigid words of the law and the science that lies behind it. 

Elo, on the other hand, can be guided by intuition, speculative and investigative notions, and even public opinion. She can join the mob for or against the accused, engage in the more popular choice, and ride with popular views and thus be deemed wise. She can rely on investigative journalism (i.e., chismis na ni-"research" ng mga tulad ni Marites Vitug) and listen unencumberedly to street arguments regarding the guilt or otherwise of the accused. She can join demonstrations demanding the disclosure of facts hidden behind sacred robes, desecrating the most immaculate rules without fear or care for (being held in) contempt. She can hide behind "the people's will," never really caring that "the people" she thinks she represents is but a class, a minority or a majority, but probably never really representative of the population of this godforsaken country who gives not a fuck about the guilt or otherwise of the accused. Most of all, she can air opinions. informed or otherwise, appealing to the hearts and emotions of listeners rather to cold hard laws which though harsh are still laws. She can always hide behind the Augustinian principle of "an unjust law is no law" anyway, or even "the voice of the people is the voice of God." 

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