It is generally assumed that the law consists of certain fundamental principles, abstract bodies of reason, and a repository of wisdom, which serve the interests of justice in every society. It is held that the principle of fair play informs judicial decisions and opinions, and that due process and procedure is carried out dispassionately without personal, political or professional prejudice. However, not all of these assumptions can be justified. In fact, on many occasions the opposite is chillingly the case. The law is often executed arbitrarily in the interests of the few who dispense it, rather than for the benefit of the many that it is supposed to serve. It is shot through with discrepancies, inconsistencies, irregularities and peculiarities. If the law is an ass, it is a very clever and devious one.
The law acts as a mechanism for class control. It consolidates the hierarchical order that governs humanity, protecting the privileges of the elite and the powerful at the expense of many others. In every society there exists a certain group of people who, for all practical purposes, are outside the influence of the judicial process. The law therefore operates too often as a vehicle of the establishment. It is engaged in a conscious and surreptitious strategy to reshape culture, and to transform society in general. By constantly twisting the precepts that many people hold to be absolute, it will eventually change reality itself. If the truth is turned on its head often enough it will inevitably assume the shape that most accords with the demands of the moment. When this happens, any perversion of thought can be practised.
The law consists of a set of codes and rules that guide society, and help to regulate its operations on a daily basis. Those who interpret and implement these standards exercise enormous influence over people in general. The more obscure the rules, the more power is vested in the hands of those who translate them. More often than not the objective is to turn simple truths into a maze of complications, ordinary tenets into a tapestry of confusion. This way no one understands. When information is continually convoluted, even the most determined will eventually resign to the fact that they cannot even understand the most basic truths.
The law is therefore knowledge which is being constantly moulded and used as a weapon against the supposed common herd. It creates a mystique which, apparently, only the most brilliant legal minds can fathom. Its objective is not to enlighten, but to disempower. It garners power to the top. It burrows its claws into every interest, economic, social and political. It is an invisible monster, parasitical on society and dangerous too.
If the institutions of a nation are the vehicle, 'jurisprudence' is the engine. The 'devil's advocates' have an intimate knowledge of the inner workings of all the mechanisms of state. They know where power resides and how it can be retained. They appreciate the subtleties that have to be invoked to preserve the appearance of conformity. Having formulated the laws that constitute the fundamental ethos of the state, they are in a great position to manipulate them.
The legal fraternity inveigles their way into everything. They bring within their sphere of influence family, finance, farm and firm. No area of privacy escapes their clutches. No level of intrusiveness is considered too embarrassing for their gaze. By penetrating into every organ of the state, they cement together a pyramidal structure of power that is almost invincible.
In contributing to, and sharing in a pool of knowledge, many advocates cross all ethical boundaries. They tamper with information that should never leave the precincts of the private individual. However, by passing the bloodied knife, everyone is implicated. Operating within a system more insidious than the Masonic lodges, very few can afford to be pure. Principle is thus displaced by expediency, and morality by might.
Only by surrendering the weight of personal identity to the bigger group can power be attained, and held indefinitely. When all influence emanates from the centre, control can be exercised much more rigorously. The weakness of the individual cell then becomes the strength and vigour of the overall organism. The lone legal functionary has power only in so far as he ceases to be his real self. If he does not forfeit his higher inclinations he can be very easily squeezed out. This process of isolation can be effected with remarkable ease.
When the mills of the legal profession start to grind, they do so comprehensively and ruthlessly. Very few within their ranks can challenge this potency. Only occasionally do the dark secrets that lurk beneath the portals of jurisprudence become manifest. The law is not only a profession; it also embraces many of the attributes of a cult orientation. Those who break the rules do so at their peril.
The objective of many in the legal profession is to operate at a certain level of inefficiency. An all-round slowing down of the process is an effective method of control. But incompetence does not impair their ability to turn over a big clientele, or a quick profit. Two and two can amount to five, but only when it affects the welfare of the public. Once this version of logic is accepted any perversion of truth can be tolerated.
There is nothing as lethal as a mixture of wilful arrogance and professional incompetence. But, policed as they are by their own body, they are, in the main, unaccountable, untouchable to a great extent. The grandiloquent tones they affect hide a deep truth. Bar the misappropriation of funds, which no amount of gobbledegook can explain, they can be brought to book for virtually nothing. In the meantime they can manipulate every area of life. Like every cartel, their remit is without end.
In many instances lawyer's allegiance to their colleagues supersedes the duty of care to their respective clients. In a conflict of interest that loyalty is always honoured. The alliance therefore is more horizontal in nature with the respective professionals on top, and the public beneath, rather than the vertical relationship of advocate and client on either side of the line. The power association is one of top to bottom across the board. Just like in the Cold War, where those in control of the competing power structures had an understanding, the real war was often waged against their own people. The intonation 'understanding' exerts a strong resonance in the legal world. It also carries a higher moral charge than does confidentiality.
The legal elite live in a self-contained universe. The more they become estranged from ordinary people, the more they have to rely on their own colleagues for succour and support. This further reinforces their delusions. They are presently changing the way many people conduct their lives. With the threat of compensation claims, in time it will be impossible to do almost anything. The legal fraternity is thus controlling society by stealth. Their brilliance is remarkable in that they can effect this process with such panache, and with such bravado. Criminals also try to dictate, but not with such impertinence.
However, there are many in the legal fields who work diligently for the greater good of humanity. They strive, against the odds, to bring into existence a more equitable system of justice. They labour tirelessly on behalf of their clients, and do not succumb to the expediency of the moment. They represent the proud standard bearers of a profession that has, to a great extent, lost its way.
By Seamus Power. 0877522838. Wexford.28-11-2007