Monday, April 25, 2005

Origins . . .


I imagine that the legal profession started out very different than what it currently is. I imagine that the law developed based on capital-letter words like “Justice” and “Equity”. And I imagine that somewhere in the current mess of a legal system we live under those roots still exist. Even so, it’s hard to buy into the roots of our system when you know that the men who thought “Equity” was paramount didn’t even want people (“people” meaning every single person not in Congress) to be able to vote for our president. How do you truly have faith that the core of our system is just when the men who designed it owned slaves, conquered nations, kept women from voting? How can I ever believe in the legal system?

This is one of the paradoxes I live with: I’ve always thought of being a lawyer, but I’ve always felt that the whole system is faulty. As a Baha’i I feel that the only real solutions come from personal evolution and societal awakening. But what do I do? Become a wandering sage? (Not enough hot showers when living on the streets.) Try to succeed in some artistic pursuit? (Very low chances of success.) When it all comes down to it I’m a lot more pragmatic than I like to admit. (Score one for my Father.) Rayhcul like justice. Raychul also like money and pretty clothes. Raychul will become attorney superhero and kick supervillian ass while wearing fabulous shoes. Everybody happy.

Okay, now everyone who thinks it isn’t going to be so easy raise you hands! (You should ALL have your hands raised). Maintaining my identity through my first year of law school and not getting sucked into the world of what you’re “supposed to do” has been intense. A turning point came when I’d been up late reading about negligence and duty for my Torts class. I got ready for bed and opened the Baha’i writings to the following passage:

“O Essence of Negligence! Myriads of mystic tongues find utterance in one
speech, and myriads of hidden mysteries are revealed in a single melody; yet,
alas, there is no ear to hear, not heart to understand”.

What that means to me in a nutshell is that true negligence is failing to perceive Truth when it’s raining down on us. I don’t know why that affected me so. All of a sudden things just came into focus – all these terms and words and makeshift ideals are ephemeral. We just use them to get to what’s Real. Torts like battery and assault were created because we should be treating each other with kindness and being selfless. They are the words, but they only exist to serve the greater good.

There’s a difference between knowing the words and knowing the Reason. I knew the words when I came to law school – I knew that I wanted to help people, to serve my community. But the Reason is beginning to get clearer. The Reason is not equity, or money, or safety, or any of the other material constructs we have to operate under. The Reason is the inevitable unification of the human family, a spiritual vision that we strive for with inadequately material means. This is the true paradox of law, and of life: being in the system, but not of it.

4 comments:

Anonymous said...

Remember when Christ said "ye shall know them by their fruits?" (referring to false prophets). I've come to see this as more generally applicable as well. The "founding fathers" had a lot of bad fruits, things they'd grown up with and either didn't want to rid themselves of or couldn't find the strength. And yet when it came to the test of setting up the nation, attempting to create a system almost overnight that would balance the interests of the many and the few, and would strive for true justice and equality throughout the land, they showed some real... mettle.

Their fruits, the founding laws, were not perfect by any means. But they were pretty amazing, and I judge them generally favorably (that is, those old fellow like Madison, Monroe, Jefferson, Washington, Franklin, Adams). We have problems dealing with some of the compromises they felt they had to make, but in my mind this reflects more on the succeeding generations not living up to the original standards. Just think where we'd be if Washington hadn't insisted on giving up the Presidency after two terms? I bet Jackson would've held on for many more bloody years.

So while I don't worship the Constitution, and recognize that it has its flaws, I remain deeply impressed with the system created for the USA. Yes, it shall fade one day. Yes, there are other succesful democratic styles. I don't want to compare the British and American systems (for instance). And yes we know of a divine Order whose import is leagues above that of the American federal republican system. But I can't help but admire its flexibility. Now I shall stop before I smack myself upside the head for overweaning patriotism.

Rachel G. said...

Stephen, you are right on. I have to remind myself of those facts when I get too critical bc I feel so grateful to live in America. I remember being 13 and complaining about all of the injustice, and my Father (who grew up on in India and Pakistan) telling me that there was no better place to live than America. Especially for a woman. We might not be perfectly free, but we're given the opportunity to recognize that and actively work to correct it. So I'm glad you brought all of that up bc it's important to have that balance of working for better but seeing the positives.

Anonymous said...

this is a great post, rach. and good thoughts on all of this, stephen. i also find myself wondering how to be a Bahai and practice law--especially since i'l be starting law school in the fall. how do i navigate the ins and outs of a diseased society, remain hopeful, and serve my fellow human beings... ?

and yeah, my mantra for many years (in reference to a plethora of things that are physical or material) has been: be in it, but not of it. i think that's the essence of so many of our journeys. truly a challenge. but so worth it. :)

Anonymous said...

Yep. And just keep on being wonderful loving human beings. Helps with the bad days =).