In a healthy country or region, laws are created to equalize power balances amongst the masses and exercise citizen’s rights. No one is above the law in a democracy. The laws are intended to represent what the people as a collective feel is a sense of justice with appropriate action — and conduct – in order to function within a progressive and just society. The same rules are to be applied to individuals employed in the legal arena.
The creation of a law enters a process that is initiated by a public need and flows through the representatives in a governing body. For instance, laws are created by a federal or provincial government who represent the people and must be passed in legislature with a vote. The individuals employed in various areas of law are expected to obey the laws they represent, and enforce them on behalf of the government. The legal arena is composed of police, lawyers and the judicial representatives. As a result, laws are intended to reflect the values of the dominant culture within a particular demographic, such as a province or country.
Government policies and laws are an attempt to enforce social change within an existing culture. At times, existing laws are amended to reflect, refine and clarify them so as to minimize misinterpretation of the law. Fine tuning laws and providing education on the laws is a demonstration of transparency to achieve a collective understanding in society that ensures consistency in the law — after consultation with various sub-cultures that create the unified collective group.
Yet, laws will always meet resistance in some capacity.
The influence of an existing, dominant culture is notoriously one of the most difficult things to change and creates clashes. Laws with the intent of social change are only as effective as the cultural beliefs of those enforcing the laws. For instance, positive laws for equality may face passive aggressive resistance from a sub-group of individuals within the legal system who do not agree with them. This results in bias decisions and the desire to target members of the sub-group that the law is intended to protect equally.
Opposition to laws and social change always occur to some degree, even when it aims towards a more balanced and progressive evolution of a society within a legal system. This often results with the realization that those who benefited from the positions of authority with privileges will lose power due to the new or amended law, as the changes challenge their core values as well.
There are many examples where, regardless of the progress with policies, laws and legal amendments, a pre-existing sub-culture within a legal system supports the sabotage of new and progressive laws from becoming effective. This brings on another debate about the rule of law, which is another article.
The public who embraces and supports the progress of equality and consistency in society, such as with equal rights for all people regardless of race, ethnicity and gender, may find themselves confused about the legal system defying their own laws set in place. Legal representatives may also blatantly ignore laws through the concept of law being subject to interpretation.
Raw and real, laws are about power. When the law becomes inconsistent and unpredictable, this causes the general public to acquire a mistrust in the legal system.
The saying, ‘It all depends on your judge’ enforces and further creates an inconsistency within the law, which defiles the legal structures in Canada. The law in Canada advocates for consistency and a faith in a just and fair system, with many legal professionals aligning with this as well. When the legal system enforces a divide that becomes a ‘luck of the draw’ when it comes to bringing a case before a judge, or worse, lawyers who illegally seek what is known as judge shopping, the frustration resounds throughout the social cohesion of a society. Yet, the mantra splashed liberally throughout merchandise targeting lawyers boasts the slogan, “A good lawyer knows the law, a great lawyer knows the judge”.
Patterns matter. Many cases brought before the courts in various demographics remain covert with injustice, revealing a pattern. They set new precedents and legal social norms as ultimately defined by a person appointed to a bench. Historically, there are many famous cases in Saskatchewan with more surfacing.
Inevitably, legal cases that demonstrate a trend occurring within court decisions is evidence of an open demonstration of injustice. This promotes valid mistrust in the legal system. The cases brought before the courts in various demographics attempt to remain covert with injustice, which sets new precedents.
Legal professionals outside the demographic also witness what is happening in a prairie pocket, and see it clearly as outsiders. Fortunately, such legal professionals who shame the radical behaviour of a legal sub-culture in demographic pockets may result from the guilty by association mentality. Representation matters, such as the example of lawyer’s professional misconduct. This is highly effective, along with public pressure.
Historically, the law is an instrument with the ability to determine the areas of power and potential power shifts. There are always groups opposed to the new laws. The real issue occurs when those expected to represent the law are opposed to the new laws. Collectively, the people hold the greatest power, which at times, the illusion presented to the public is that they are powerless.
Voice is important, and how that voice is used. Social movements can pressure governments to change laws, make new laws or draw attention to those within the law not obeying the entity that they vow to represent – and the public pays for it.
It always comes down to power, and who is empowered.
When the law demonstrates consistency free of bias, it is a highly effective instrument for progressive and social change that places all members of the society on equal ground. In this way, the consistency demonstrates the values of the people within the society where the law is made.
The criteria for social order and a fluid and prosperous society include various factors. One factor occurs when the law is a result of an authoritative, well respected and prestigious source. Another factor is demonstrated through sound rationale that makes sense to the public and is compatible with their existing cultural values and morals. The law should demonstrate a rapid change within the society with those hired in various positions of the legal arena showing a commitment to the positive change, not a resistance that leads to punishing law abiding citizens by demonstrating a clear bias and contempt for the law.
Fair and just legal systems enforcing the law are a powerful way to create a wonderfully potent and high functioning society that unites and binds the population. It is highly effective with deterring criminal actions when laws are consistent, clear and fair with equal application to every member in society, including those within the legal arenas. No one is suppose to be above the law, which is considered a binding force.
Read more on Prince Albert Daily Herald
