It is truly a matter of personal pleasure to greet and welcome you here today as persons who belong to an illustrious profession which has always counted men and women of matchless talent and culture. In our contemporary society, so strongly attracted to technical specialization and scientific disciplines, you are illustrious examples of the irreplaceable value of classical humanism which underscores spiritual values and insists on the eminence of man over the worship of might.
The Catholic community in Sri Lanka is, no doubt happy and proud to see you gathered in this church. The joy is not only because of your esteemed profession, but more, because you are gathered here today as a fraternity of Catholic men and women giving witness to your faith in Jesus Christ.
First of all, I wish to express my deep respect for your profession and welcome you to this celebration with affection and love. I thank all of you for having assembled here today.
We are assembled here at a very important time in the history of our country. In fact in the events taking place here in our country and the world at large law and the administration of justice are gaining considerable importance and grave concern.
It is a fact that there have been signs of deterioration apparent, on more levels than one, in our society - the legal profession not excluded. Traditional morality and the sense of justice is fast losing ground. Our ancestors adhered to certain fundamental principles, and were happy; their relations with one another were fruitful. It is true that they could not achieve material progress – and material progress there must be; but not at the sacrifice of our hold on fundamental principles; and comprise on the grave and vital issues, affecting the sacredness of the human personality, and our relation with our fellowmen, wherever they be. Compromise may be attractive as a tempting proposition in diplomacy or in business, though it need not necessarily be a just act.
In your capacity as appointed officers of the courts of justice it is your commitment to deal with matters of dispute that concern human beings. It is certainly your daily bread to meet people in all sorts of human situations. These men and women are often in difficult human situations having become a prey to the play of passion either having been harmed or having harmed others. They are either persons who come seeking redress for the injustices that have been meted out to them; or they are others who have committed the crimes and are seeking an escape or at least a minimal punishment. Vengeance, bitter anger, hatred and other such vices are not rare sentiments among these characters you have to deal with.
In such a climate of human conditions I believe it is not easy for you to carry on your profession with the due sense of balance and fairplay contrary to everything which might suggest rashness, precipitancy, and lack of self control. But this is where the high qualities of soul that Christianity teaches should stand in good stead for you.
Your duty is to extract truth from a variety of witnesses and documents. In assisting either the plaintiff or the defendant by your technical competency and your oratorical talent, your constant effort at clarification must bring to light what is unique about the case in its own precise, human circumstances. Although the law distinctly determines the various elements of justice, your role is to urge the acceptance of a well-rounded and subtle interpretation which takes into account all the material and psychological circumstances. This is a difficult task and calls for no uncommon ability, and a thorough preparation, if it is to be discharged worthily.
Undoubtedly, you have had a long course of preparation to begin the practice of law. But it is in the practice of law when you apply your theoretical knowledge to the art of pleading, that you reveal your real aptitude as a lawyer. It is a great art, woven of rigor and finesse, logic and eloquence, an art which cannot neglect any detail, except with great detriment to the cause. It is for you to emphasize the subtlest nuances, and speaking to the mind and heart, to enlarge the discussion or restrict it to a precise point. All this presupposes a great mastery of language and elocution, a vast and profound general culture and a considerable capacity for work and the gift of improvisation.
It is a fact that the knowledge and experience you receive in the hallowed court halls have qualified a considerable number of your colleagues, more than in any other profession, to enter the most exalted posts in the State. They have exercised a widely pervasive influence on their times – we see this in the history of our country. Thus your fraternity has exercised great influence not only on the judiciary but also the legislature of this country, even though today there is a conflict between the two.
For that reason, I should say that talent alone is inadequate for your profession that deals so intimately with the exercise of justice. Independence and impartiality are essential and particularly meritorious virtues for a lawyer. Professional morality requires that he, like all men and women, serve truth alone. The truth they say is a burdensome proposition for the lawyer especially when he has to defend the accused, and plead mitigation for the delinquent from the rigor of the law. The limits to which one may legitimately go in the defense of a case have long been debated. Yet a man of honour must ever struggle against the temptation to exceed the limits allowed. The fact that a Christian hero – St. Andrew Avillino left the world in reparation for a small lie he had told in the course of a case, illustrates the delicate situation in which a thoroughly honest man finds himself, when faced with the problems of your profession. If that high degree of honesty were to be observed today I wonder how many would be left to practice!
I believe most of you know the result of a survey conducted by the Marga Institute last year on the judicial system of Sri Lanka. They published their findings in a book titled “A System Under Seige”. If I may quote a passage from it, it reads as follows. “Almost 84% of the respondents did not think that the Judicial System of Sri Lanka was always fair and impartial. In fact, one out of every five thought that it was never fair and impartial. Similarly 87% of the Court Users did not believe that the Judicial System was always fair and impartial.”
Indeed these figures are a serious indictment on the whole system and this should be a matter of grave concern to all the gentlemen and ladies engaged in the legal profession. This should be so especially for you as Christian lawyers. It is said that the independence of the judiciary is the citadel of democracy. And justice was described by the great scholar Cicero (in a language you as lawyers are not unfamiliar with), as “omnium est domina et regina virtutum.” - the Lord and Queen of all virtues.
The independence of the judiciary is something that the people have a right to. They say “justice must not only be done but also appear to be done.” Today more than ever the judicial system suffers the scrutiny of a discerning public. Hence it should be perceived as independent and impartial, if it is to win public confidence, and command respect.
Even though all of you are not judges, collectively you hold responsibility in the judicial system. Therefore it also devolves on each one of you to play your respective role in this process. As Christians, at least we should be able to set the pace by not renouncing our spiritual formation and seeking at all times to concern ourselves with the great breadth of our intellectual horizons, the great capacity and penetration of our intelligence, and the high responsibility of the posts in which Divine Providence has placed us. The words in the Bible – “At that same time I told your judges: You must give your brothers a fair hearing and see justice done between a man and his brother or the stranger who lives with him. You must be impartial in judgment and give an equal hearing to small and great alike. Do not be afraid of any man, for the judgment is God’s” would be very appropriate for us to remember and ponder upon.
Before I conclude - knowing the terrible sufferings of the poor, who are often the victims of injustice, I wish to make a special appeal to you. Please have some consideration for them. The grandeur of your office in which justice and mercy embrace each other in one and the same love of God and of neighbour, you should have special consideration for the litigants who are poor. We often see families reduced to penury and children in starvation. Furthermore their whole future gets blasted due to the lack of a degree of mercy on the part of the lawyers who exploit them, and the lack of charity on the part of any lawyer to help them. The charity and love that you could exercise in such cases could be your service to the Lord in return for the great talent you have received from Him, but for which you would not be what you are.
Finally, I appeal to all of you to act with dignity safeguarding the noble traditions of your esteemed profession and the deep convictions of your faith in Jesus Christ, so that, we will have a country in which all citizens are free and equal under the Rule of Law.
May God bless you in your profession. |
