Wednesday, May 23, 2007

The Gender of Justice

For a prosecutor or defense attorney, getting promoted to partner has very little to do with mending relationships, healing hearts, or finding common ground. At the end of a court case, there’ll be one client and lawyer left standing. It’s about going for the jugular under the guise of civility. Every aspect of your training and opportunity for advancement is intrinsically related to you coming out as the person on top. Might – not right – gets you the raise.

As friend of many lawyers with oversized hearts, I’ll be the first to admit that not all litigation is flawed. Women flocking to the field at unparalleled rates have contributed to changing the legal landscape. Yet feminine principles in law, however endearing, are not the dominant paradigm. We are fascinated by the brand of law and order that results in a clear cut winner and loser. It is why four different American television dramas by the name of Law and Order exist (in addition to Boston Legal, The Practice, and reruns of Ally McBeal). It is why on any given morning, you can turn on your tube and find one of eleven judge personalities presiding over their People’s, Divorce, or Moral Court. Eighty six million American homes are equipped with a television channel dedicated solely to this style of American justice affectionately know to its subscribers and Turner Broadcasting System, Inc as Court TV.

Within our society, a far less celebrated profession exists and is literally dying for our attention, that of the mediator. One has to wonder what our toolbox would look like if we celebrated, promoted and practiced peace and conflict resolution like we do litigation. How might we grow as individuals if consensus was required for resolution? What if everything running smoothly in a conflict didn’t mean everything going your way? Would there be a space for war if using Circle principles was an obligatory practice?

Let this serve as a reminder – conflict is a given. It arises in many forms. Be it a
quarrel with a loved one or international discord, differences of opinion are inevitable. Conflict, when handled constructively, can leave both individuals and foreign policies in a place of strength. When dealt with mindlessly, conflict begets more conflict, leading to distrust, hatred, and war. It would seem the choice is obvious, but the 41 and counting nations in armed conflict with one another suggest otherwise.

If you’ve never asked yourself before, why Peace X Peace? It is because our Global Network is a microcosm of what the world needs to be. Our cross-cultural connections deliberately bring people with differences together to celebrate the unfamiliar while actively promoting the commonalities. It is through these links that we transform fear and hostility into actions that build harmonious cultures. Our law is love. And through its practice, a world where sustainable peace exists is no longer just possible – it is inevitable.

Ultimately, the choice is yours.

3 comments:

Sharon Simone said...

This is a great piece. Who is the author? I'd love to see bylines for your writers. They do such great work. Seems their name and picture could be on the page...somewhere. I like the bits of news you pick up and remind us of...like Ginsburg's frustration this week...and you remind us to think, which is always good! Thanks,
Sharon

Anonymous said...

To believe that we would collectively choose mediation, an alternative to conflict, is inspiring. As a lawyer, I too struggle on a small level to promote peace and resolution, rather than inflaming conflict.

Anonymous said...

I agree with Sharon Simone. It does seem a name and picture would accompany this great piece, one of many! The writing is simple yet speaks volumes. Let's see those bylines!