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JURIES ARE WORTH KEEPING
The Jury System is a cornerstone of justice and liberty. However, they are also controversial. On the one hand, there are those who see the jury system as an integral part of a free and impartial justice system. On the other hand, there are those who doubt the jury’s ability to deliver fair and honest verdicts.
Let’s start with the obvious fact that juries are far from perfect. They are imperfect because the people who make them up are imperfect. Ignorance is one major problem. Opponents of the jury system argue, with some justification, that it is too dangerous to place the fate of another human being in the hands of people incapable of understanding the complexities of the cases they are judging. Often those tasked with deciding the outcome of cases lack the technical or legal knowledge to adequately interpret the evidence and testimony being presented to them. It has been suggested that in these cases individual jurors will often resort to pre-conceived beliefs or allow themselves to be influenced by jurors with more knowledge – whether real or perceived – than they have.
Ignorance, however, is an easily solved problem. Why not select jury members based on their familiarity with the subject matters under discussion? Someone who works in the finance industry – bankers, financial advisors, accountants, and so forth – would be more equipped to judge financial-based crimes than the layperson.
Then there’s the question of who can sit on a jury. In the United Kingdom an individual needs to be aged between eighteen and seventy, have been a resident of the UK for at least five years since the age of thirteen, and must be mentally stable to serve on a jury. It would more than reasonable to suggest that qualifications for jury duty ought to be more stringent than they are. It is more than reasonable to suggest that the age limit ought to be raised from eighteen to perhaps twenty-five (if not older) and that jurors under the age of forty ought to have certain intellectual qualifications. This would ensure that those tasked with determining guilt or innocence would have the wisdom and/or intelligence to comprehend the grave nature of the responsibility they have been burdened with.
Those who criticise juries also argue that they are prone to bias and prejudice. In one shocking case, Kasim Davey was jailed for contempt when he boasted: “I wasn’t expecting to be in a jury deciding a paedophile’s fate. I’ve always wanted to fuck up a paedophile and now I’m within the law.” (Seemingly it never occurred to Mr. Davey that the man he was judging may have been innocent). Likewise, it is well known that many African American defendants were condemned by all-white juries in the Jim Crow South.
However, much of this is a red-herring. Professor Cheryl Thomas, the director of the Jury Program at University College of London, spent ten years analysing every jury verdict in England and Wales taking into account the race and gender of both defendants and jurors. Professor Thomas concluded that:
“There’s no evidence of systematic bias, for instance, against members of ethnic minorities, or that men are treated differently than women, that if you live in a particular part of the country or you have a certain background that you’re more likely to be convicted than others.”
Besides, those who criticise the jury system forget that juries reflect the values and principles of their society. If juries repeatedly deliver unjust verdicts it is because there is a sickness in that society. The fact that all-white juries tended to convict African American defendants merely because they were black is a reflection on the virulently racist nature of that society, not of the jury system itself. Today, the legal system is careful to disqualify those jurors who may harbour prejudices that will inhibit their ability to judge the facts impartially. Courts are very quick to disqualify jurors who may know the defendant or alleged victim, those with emotional links to the case (i.e. a victim of rape sitting on the jury of a rape trial), and so forth.
Lord Devlin, the second-youngest man to be appointed to the English High Court in the 20th century, once described the jury system as “the lamp which shows where freedom lives.” The principle behind juries is that the individual ought to be judged by his peers based on community standards, not by the politically elite. Without juries, our legal system would be dominated by judges and lawyers. What lies at the centre of the debate over juries is the question of whether the whole of society or just the elite should be involved in the dispensation of justice.
The Qualities That Build Society
Everyone versed in culture and politics understands the truth in Percy Bysshe Shelley’s (1792 – 1822) argument that creators of culture are the “unacknowledged legislators of the world.” Our view of the world is derived from our religious beliefs, the stories we read as children, the movies we watched, the cultural customs we become accustomed to, and so forth. It is not that culture constructs the physical edifices of civilisation per say, but that culture forms the values and philosophies upon which civilisation is founded.
In the west, the prevailing cultural narrative champions wholesome virtues: kindness, compassion, love, fair-play, and so forth, as being the only way to achieve prosperity and success. The individual must avoid combat with others, and be polite, civil, pleasant, and diplomatic to all. To be seen using aggression or wanting power leads to social isolation. This has certainly been the message in culture. In Shakespeare’s Richard III, the title character is a corrupt, twisted, and Machiavellian prince who schemes his way into power. By contrast, the future Henry VII is seen to be fair and humane. By the end of the play, Richard dies hated even by members of his own family, whereas Henry is celebrated as a noble hero.
This worldview bears little resemblance to reality:
“The manner in which we live, and that in which we ought to live, are things so wide asunder, that he who quits the one to betake himself with the other is more likely to destroy than to save himself; since anyone who would act up to a perfect standard of goodness in everything, must be ruined among so many who are not good. It is essential for a prince who wishes to maintain his position, to have learned how to be other than good, and to use or not to use his goodness as necessity requires.” (Niccolo Machiavelli, The Prince, 1532, Chapter 15, page 114)
Bubbling just below the surface are the real, amoral virtues which foster prosperity and success. In Beyond Good and Evil (1886), Friedrich Nietzsche (1844 – 1900) puts forth the following proposition:
“Suppose nothing is given as ‘real’ except our world of desires and passions, and we could not get down, or up, to any other ‘reality’ besides the reality of our drives.” (Beyond Good and Evil, page 59).
Maybe we aren’t as driven by morality and Godliness as we like to think we are. Maybe we are driven by lust for power, material wealth, and sex. (This, of course, brings forth the possibility that the purpose of wholesomeness is to temper our real desires).
Even though we loathe having to admit it, all of us want power. Power gives us greater control and makes us feel more secure. But since it is socially unacceptable to be seen wanting power we are forced to rely on subtlety. We are forced to become honest on the one hand, and duplicitous on the other, congenial yet cunning, democratic yet devious.
In chapter twenty-one of the Prince, Machiavelli (1469 – 1527) wrote: “Nothing makes a prince so well thought of as to undertake great enterprises and give striking proofs of his capacity.” Our civilisation was built through ambitious and power-hungry individuals. Not by the wholesome virtues presented to us.
MEMENTO MORI
This is our weekly theological article.
For most of my life I have had a great affinity for cemeteries and graveyards. A gentle stroll through the neat and peaceful rows of graves, pausing occasionally to read the inscription on the headstone of someone who lived and died long before I was born has been the source of great pleasure for me.
I believe cemeteries and graveyards are important for two reasons. First, they are incredibly artistic. One cannot help but notice the well-manicured lawns and beautiful gardens, the magnificent sculpting’s of the headstones, and the often-poetic rhetoric of the epitaphs. Second, I believe that cemeteries and graveyards provide people with a physical connection with their cultural heritage and allows them to tap into their ancestral past. As Doctor Celestina Sagazio, a historian working for Melbourne’s Southern Metropolitan Cemeteries Trust, observed, cemeteries and graveyards provide a clue into the daily lives of people throughout history.
Modern culture has little time for the contemplation of death. That would go against ‘positive thinking’ and the perpetual lie of ‘eternal youth.’ This, however, stands in stark contrast with the convictions of most of our forebears. From antiquity through to the early twentieth century, the consideration of death was considered a good motivator for leading a virtuous and meaningful life. Recent studies affirm this belief, finding that the contemplation of one’s own mortality acts as a motivator for assessing one’s values and goals and can greatly improve physical health.
The phrase, ‘Memento Mori’, is said to have originated with the Ancient Romans. Tradition in Ancient Rome dictated that a servant or slave should stand behind a triumphant General during his victory parade. This servant or slave would whisper in the General’s ear: “Respice post te! Hominem te esse memento! Memento Mori!” (“Look behind you! Remember that you are but a man! Remember that you will die!”).
Between the 14th and 17th centuries, the concept of ‘Memento Mori’ took on new motifs. The engraving, ‘The Triumph of Death’ (1539) by Georg Pencz (1500 – 1550) depicted a scythe-wielding skeleton commanding an oxen-driven chariot. Similarly, the dance of death – involving skeletal figures – lead everyone from the Pope to the humble ploughman in a final dance of death. During the 17th and 18th centuries, many New England graves were adorned with epitaphs like ‘Memento Mori’ and ‘Hora Fugit’ (‘the hour flees’) and were emblazoned with images of skulls, bones, winged death’s heads, hourglasses, and other symbols of death and the passage of time.
The Roman stoic philosopher, Seneca (4BC – AD65) advised: “Let us prepare our minds as if we’d come to the very end of life. Let us postpone nothing. Let us balance life’s books each day… The one who puts the finishing touches on their life each day is never short of time.” The careful contemplation of mortality and the deliberate awareness of death has a profoundly positive effect on the health and vitality of the soul.