Post by account_disabled on Feb 15, 2024 3:30:52 GMT -5
I have nothing to object to the demonstrated knowledge that doctors have of human nature nor to the confirmation of their limited role in Spanish political life - although I doubt that our main political problem in those years was this - but I cannot ignore the idea which underlies all the transcribed reasoning, and which, unfortunately, is not exclusive to that unknown surgeon: lawsuits are invented, or complicated, by lawyers.
This idea is as absurd as it would be to affirm that diseases are invented, or complicated, by doctors . (“If you keep going to the doctor, he will find something for you.”) Doctors and lawyers find themselves, when their services are in demand, with the imperfections of human nature. And from these imperfections arise diseases, which doctors try to cure, and conflicts, which lawyers try to resolve.
Naturally , everything would be easier, for the powerful and for those who believe they are stronger, if there were no jurists, particularly lawyers . Napoleon himself naively recognized this when, learning that “his” Code had been the subject of comments and interpretations, he exclaimed “my Code has gone to hell” ( mon Code est perdu ). And Mao Zedong, during the Cultural Revolution, banned the practice of Netherlands Email List law. Of course, for those who exercise power, even democratically acquired power, it would be easier for judges to guess what their will was when legislating, instead of trying to interpret, with the collaboration of lawyers, what the law actually says. . And, finally - to take these ideas to the extreme - there is no doubt that the so-called llei pagesa, practiced until not many years ago in the Ibizan countryside, as Toni Montserrat recalls in her recent novel Isla negra , and which is summarized in a only commandment – “he who does it pays” – would make the prosecution of injustices more expeditious, with the “small inconvenience” of leaving the identification of the offender, the classification of the offense and the reparation that he creates to the absolute discretion of the offended party. it deserves.
Fortunately, many centuries of history have brought us notable social advances : from fundamental democratic values and the recognition of human rights, achieved in some countries at the end of the 18th century, to new levels of equality and protection of minorities, and from other discriminated social groups, which we continue to persecute in the 21st century. Along with these undeniable advances, which we could call meta-legal - although they must be translated into norms of this nature to be effective - there are other more strictly legal achievements such as the construction of the Rule of Law , the rule of law (so dear to the Anglo-Saxons under his formulation of the rule of law ), the full submission of the Administration to the law and the Law, the presumption of innocence, respect for the rules of due procedure, and many others, which inform the systems of the most legally developed States, although respect for these principles means a loss of power for those who hold it and frustration for those who would prefer to take justice into their own hands.
Among these strictly legal achievements, the principle of effective judicial protection occupies a preeminent place , currently constitutionalized among us in article 24 of the Magna Carta, which also proclaims that “everyone has the right… to defense and legal assistance.”
The continuous temptation to dispense with procedures was already revealed by Cervantes in Don Quixote when Master Pedro's assistant points out, probably with envy, that "among Moors there is no transfer to the part or trial and error , as among us." and Don Quixote rebukes him, stating that “ to obtain a clear truth, many tests and retests are necessary .”
Without leaving Don Quixote, we can conclude by warning that as long as we do not live in the Golden Age , in which "there was no fraud , deceit or malice mixing with truth and plainness", we will continue to witness conflicts, which need lawyers .
I add that I have the hope that, if, as Hippocrates stated, and Marañón frequently reminded us, there are no diseases but sick people, the new artificial intelligence will not be able to replace us - limiting itself to helping us - neither the doctors nor the jurists, because neither There are lawsuits but rather people who face a unique conflict in which they believe that reason is on their side, and as lawyers we must help them resolve that conflict in the most satisfactory way possible, whether by going to court, or by making use - when This is possible - through alternative means, such as negotiation, mediation, conciliation or arbitration.
This idea is as absurd as it would be to affirm that diseases are invented, or complicated, by doctors . (“If you keep going to the doctor, he will find something for you.”) Doctors and lawyers find themselves, when their services are in demand, with the imperfections of human nature. And from these imperfections arise diseases, which doctors try to cure, and conflicts, which lawyers try to resolve.
Naturally , everything would be easier, for the powerful and for those who believe they are stronger, if there were no jurists, particularly lawyers . Napoleon himself naively recognized this when, learning that “his” Code had been the subject of comments and interpretations, he exclaimed “my Code has gone to hell” ( mon Code est perdu ). And Mao Zedong, during the Cultural Revolution, banned the practice of Netherlands Email List law. Of course, for those who exercise power, even democratically acquired power, it would be easier for judges to guess what their will was when legislating, instead of trying to interpret, with the collaboration of lawyers, what the law actually says. . And, finally - to take these ideas to the extreme - there is no doubt that the so-called llei pagesa, practiced until not many years ago in the Ibizan countryside, as Toni Montserrat recalls in her recent novel Isla negra , and which is summarized in a only commandment – “he who does it pays” – would make the prosecution of injustices more expeditious, with the “small inconvenience” of leaving the identification of the offender, the classification of the offense and the reparation that he creates to the absolute discretion of the offended party. it deserves.
Fortunately, many centuries of history have brought us notable social advances : from fundamental democratic values and the recognition of human rights, achieved in some countries at the end of the 18th century, to new levels of equality and protection of minorities, and from other discriminated social groups, which we continue to persecute in the 21st century. Along with these undeniable advances, which we could call meta-legal - although they must be translated into norms of this nature to be effective - there are other more strictly legal achievements such as the construction of the Rule of Law , the rule of law (so dear to the Anglo-Saxons under his formulation of the rule of law ), the full submission of the Administration to the law and the Law, the presumption of innocence, respect for the rules of due procedure, and many others, which inform the systems of the most legally developed States, although respect for these principles means a loss of power for those who hold it and frustration for those who would prefer to take justice into their own hands.
Among these strictly legal achievements, the principle of effective judicial protection occupies a preeminent place , currently constitutionalized among us in article 24 of the Magna Carta, which also proclaims that “everyone has the right… to defense and legal assistance.”
The continuous temptation to dispense with procedures was already revealed by Cervantes in Don Quixote when Master Pedro's assistant points out, probably with envy, that "among Moors there is no transfer to the part or trial and error , as among us." and Don Quixote rebukes him, stating that “ to obtain a clear truth, many tests and retests are necessary .”
Without leaving Don Quixote, we can conclude by warning that as long as we do not live in the Golden Age , in which "there was no fraud , deceit or malice mixing with truth and plainness", we will continue to witness conflicts, which need lawyers .
I add that I have the hope that, if, as Hippocrates stated, and Marañón frequently reminded us, there are no diseases but sick people, the new artificial intelligence will not be able to replace us - limiting itself to helping us - neither the doctors nor the jurists, because neither There are lawsuits but rather people who face a unique conflict in which they believe that reason is on their side, and as lawyers we must help them resolve that conflict in the most satisfactory way possible, whether by going to court, or by making use - when This is possible - through alternative means, such as negotiation, mediation, conciliation or arbitration.