December 27, 2012
DeepakgateMusings upon a Law as well as a Lawyerly
by Terence Netto@http://www.malaysiakini.com
COMMENT You can damn with faint praise; we can also achieve a same with an aria of it. An e.g. of a initial was when George Bernard Shaw extended two tickets to a opening night of a single of his plays to Winston Churchill. "One for we as well as another for a friend, if we have one," jibed a playwright.
Britain's wartime personality volleyed back: He pronounced he would similar to to attend a opening night's programme though central duties prevented him; however, he would be free to attend a second night's staging, "if there is one."
Private eye P Balasubramaniam's lawyer, Americk Singh Sidhu, laid it upon copiously when he praised fellow legal practitioner Cecil Abraham's firmness which he pronounced was a byword between lawyers in a latter's 40 years of use to a Malaysian Bar.
Americk (right) pronounced he could not conceive which someone of Abraham's vaunted status would aspect a drawing up of a false orthodox declaration such as runner trader Deepak Jaikishan had indicated was a box with Balasubramaniam's second SD which topsy-turvy a sensational avowals contained in his first.
Given a sobriety of a essence of his initial SD, elements of which strew light upon a 2006 attempted attempted murder of a Mongolian lady Altantuya Shaariibuu, there was no receiving a make a difference lightly.
Days have passed given Americk unquestionably vouched for Abraham's probity, though Abraham himself is clearly unperturbed by a brouh! aha, lan d his warn in a face of a accost of imprecations.
The chairperson of a single of a panels within a ambit of a Malaysian Anti-Corruption Commission interjected in a unfolding drama of a contradictory orthodox declarations as well as a in attendance issue of shortcoming for them by divulgence which Abraham had nothing to do with a MACC's preference to tighten a review of Balasubramaniam's conflicting declarations. Abraham (left) is a part of of a row tasked with reviewing a MACC's operational procedures.
Here was a box of weighty people rising to verbalise up for someone who apparently opts for a overpower which is not of a kind which purveyor of proverbial maxims, La Rochefoucauld, held was a symbol of a male who distrusts himself.
This overpower is presumably a choice of a single who seems vigilant upon tiptoeing by a horrifying thicket, aware or not of what a producer Dante pronounced about a hottest places in hell being indifferent for those who in times of good dignified predicament maintain their neutrality (read: silence).
The law is a charged field
Lawyers have been lerned to deal with formidable situations by finding both precedents as well as innovative useful procedures for traffic with them.
The deeper their believe of precedents, both inside as well as outward of a law, a likelier it is which their exertions would result in a protection of tellurian values similar to allowing a trusting to go free as well as punishing a guilty.But if it's usually a law they know as well as small else, they would soon find which a law is a charged margin where beliefs might be traduced by interests, as well as interests might be disguised as pri! nciples.
Knowing much law but, more importantly, a philosophic matrix from which emerged a Greco-Roman statues which formed a basement of English usual law, a famous American jurist Oliver Wendell Holmes made this regard upon contrasting dispositions people might move to a use of a profession:
"If we want to know a law as well as nothing else, we contingency demeanour during it as a bad man, who cares usually for a element consequences which such believe enables him to predict, not as a good one, who finds his reasons for conduct, either inside a law or outward of it, in a vaguer sanctions of conscience."
Troubling small twinge which "the vaguer sanctions of conscience."These valid no trouble during all to a warn Vernon Jordan, Bill Clinton's depraved chum whose recommendation was sought in a days when a latter was readying for a run for a US presidency.
According to a biography of Clinton by David Maraniss, Jordan, renowned civil rights
advocate, proffered a simple recommendation when a grapevine began to sound with legends of a Arkansas governor's womanising as well as a discuss between Clinton's advisers revolved around either he should wait for for reporters to raise a make a difference or simply preempt them. Jordan's recommendation was, "Screw 'em! Don't discuss it 'em anything!"
Some years later, when another sex scandal occurred upon Clinton's watch during a White House (1992-2000), Jordan was purported to have told Monica Lewinsky, an intern suspected to have had an affair with a president: "They can't prove anything. Your answer is, 'It didn't happen. It wasn't ! me.' "At least, Jordan's inclination for rejection pertained to cases involving infidelity, not murder.
A attempted attempted murder many foul
But we know which for an reliable customary to hold, it contingency forbid lying in all circumstances, regardless of a bulk or miss of a dignified misdemeanour entailed. Whither a reliable customary when we have been faced with a overpower of peripheral players in a box of a attempted attempted murder many foul, as was Altantuya Shaariibuu's killing.
The overpower is lawyerly; it is not impugnable. In a end, it creates a point which law alone, no make a difference how comprehensive, cannot assure use of what is morally imperative.
Back in a 17th century, Hugo Grotius, a father of complicated law, quoted with capitulation a recommendation which a classical Greek playwright Euripides in 'The Trojan Woman' put in a mouth of Agamemnon addressing Pyrrhus: "What a law does not forbid then let shame forbid."
This warn retains a dignified worth. While a law as well as a practitioners have been intensely important for a life of civil society, they cannot be deliberate enough guarantees of tellurian decency.
The exemption Dr Samuel Johnson, a many quotable of writers after Shakespeare, made for his principle of not speaking ill of a male at a back of his back was well taken.On a single occasion, a virtuoso was scathing about a male who had only left his company though Johnson pronounced he believed which a male he was referring to was an attorney.
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