From visiting the courts especially the Circuit it has become quite disturbing to see Defendants treated in such a way when defending their case. The conduct is perhaps tantamount to hostile dismissiveness.
Remember it’s up to the Plaintiff to prove over the 50% mark of probabilities their actual claim. However, the most shocking is the way Defendants are dismissed with a hostile attitude when raising any point of law, documentation defects or balance inaccuracies etc. This suggests the major weakness in the whole process.
There is possibly an oppressive unseen or unheard rule that any Defendant defending has no case, they got the money and that’s it. But and it a big BUT, not all cases are the same and the according to the Master of the High Court Solicitors in general have a ‘nodding acquaintance with the truth’.
So is it oppressive? Well the TRUTH is being denied so maybe oppresive. You see Solicitors are Officers of the Court and when you enter as a Defendant there is a so called pecking order. To consider a Defendant telling the TRUTH according to those in the legal profession is nonsense with the comment; hey, we studied hard at law school for a number of years, paid our dues, bowed our head, worked hard in setting up a practice, how can a nobody come in here to our game and start stating we are not telling the TRUTH. Tut, Tut, Tut!!!
The ironic thing, law school does not teach you the TRUTH and above all it does not teach its students to Judge the people.
Perhaps Deception? Now we are getting closer, take a quote from a peer reviewed paper on the topic regarding Deception in Morality and Law by Alexander A., Sherwin, E., 2003, Cornell Law Library: A Digital Repository, Cornell Law Faculty Publications;
“Lying and deception, a lie is an assertion contrary to what the speaker believes. Deception is a much broader concept, encompassing an unlimited variety of devices by which the deceiver creates false impressions in others’ minds. It includes actions and omissions, as well as words and strategic silences.”
Ah sure all okay to deceive and all can lie with such disregard for the impact on a society! As a whole, the journey towards violence is possibly inevitable. When the word violence is used not to be construed in a physical manner but in a violation of the core principles and ethos set out in the Constitution in which those who adopt, swore an oath to uphold are not excused. The Constitution is the contract with the people.
A Supreme Court Judge; Peter Charleton wrote a book on the topic and highlights the destruction lies may cause on a society. Lies in a Mirror, An Essay on Evil and Deceit, Page 275: Chapter 10, The Trap of Deceit:
“I think that when lies dominate a person or a society that the consequences cannot turn out well. It is not just that experience teaches us that lies are the basic weapon of crime and that criminals are liars. It is because lies deform people, reducing them to less than their full selves. When you meet people who have subjected themselves to a process of self-deceit over years, and certainly the criminal courts are just one of a number of good places to meet them, it strikes you that they have been diminished by their lies. A lie is an attack on reality. It affronts creation. It undermines the clarity of our perception, the very basis of consciousness, and leaves us vulnerable to unpredictable consequences.”
The contract of the people is possibly dying or extinguished bit by bit over time but the deception prevails.
The OO Team