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[ox] ein Korollar zum Krisis-Streit




A corollary question is to ask "How does law breed unlawfulness?". 
 
And a related one, "How does morality breed immorality?". For example,
morality as much as it may not, breeds rigidity, unnuancedness and thus
hypocrisy,  deception, denial and focus on form instead of substance. And
these result in confusion, lesser opportunities and immorality. And planes
of lesser opportunities themselves increase immorality (eg more poor have
to steal/compromise values to survive)
 
A topical example to wrap one's mind around is from East Timor.  The East
Timorese had a long tradition of customary law where elders in a village
would arbitrate and settle a dispute. The main object of law was to bring
the disputants relationships with the community and between themselves
back to what it was before the dispute sprouted. 
 
Note: the main objective was not in determining who is right and who is
wrong and which party should pay/be punished how much. The reason for this
main objective: because the disputants had to go back and live and make a
living with their neighbours, their community. It was in the community's
interests to have them work together again, or at least not undermine each
other behind their backs.
 
When adversarial Western law was introduced, and Party A had made a
mistake and Party B took him to court, lawyers would advice Party A not to
admit his mistake. And Party A would often say "wait a minute, but I made
the mistake". And the lawyers would respond "but no, don't admit the
mistake". The Western-tradition lawyers -- the core of Western adversarial
law's focus  -- was on "who is right and who is wrong". But Party A was
thinking of re-establishing his bonding with his community as the
paramount objective.

Bala Pillai


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