Peace and Pain In The Justice System
“Peace is more important than all justice; and peace was not made for the sake of justice, but justice for the sake of peace”. Dr Martin Luther King
Amber’s Model of Holistic Law Practice reminds us of the goal in any legal case- which is to attain justice as peace.
In adversarial court processes- have we lost sight of what justice means? Dr Martin Luther King reminds us justice was made for the sake of peace; that is, justice means attaining peace. If so, peace must be the goal for all of those participating in a legal dispute, not just for one side at the expense of the ‘other side’. Dr King does not say that peace is just for a selected few- but intimates this is our individual and collective right. We all have a right to peace.
In a legal system that churns out winners and losers at trial though, there can be no peace; it follows there can be no justice in these cases. This is why exploring out of court settlement (where possible) where compromise on both sides leads to an agreement both can live with, is deemed part of Amber Law’s duty of care towards not only the client, but all those affected by the legal dispute, using a holistic bird’s eye view.
Whilst there is a ‘loser’ there remains someone in pain. That pain is likely a manifestation of trauma which started somewhere in their ancestry and has nothing to do with the ‘other side’. Take an example of workplace bullying. The target of the bully may have unconsciously triggered pain stuck in the bully, poked an invisible open wound, with the effect of the bully lashing out and consciously or unconsciously, projecting their own pain onto the target causing the target pain. This does not justify the bully’s actions, but it explains them. If the bully’s pain (root cause of the offence) is not seen, acknowledged, and addressed, the likelihood of another unsuspecting employee activating the bully’s pain, is highly probable. We then label the bully as a reoffender- which technically they are. But without the justice system offering an opportunity to heal their wounds within the legal process, no peace and no justice has been served on them- which is their right, and which ought to be the legal profession’s goal. Moreover, by failing to attain justice as peace for all including the bully, the bully goes on to cause more pain to others each time their pain is touched. So now, not only have we failed the bully and their original target, but all other future targets and those close to each of them in the ripple effect.
In adversarial systems, we do not mindfully look at pain. We look at what has manifested because of the pain- the incident, what happened at surface level. There is no acknowledgement of what lies beneath. If there is a flicker of compassion for the ‘wrong doer’, that feeling quickly passes or is supressed and then it’s onto the next case. A holistic approach deems it necessary to address someone’s pain if we are to attain sustainable peace. Peace is the absence of pain.
One way in which Amber Law achieves this is the subject of the next article with Manuel Mora Fernandez, Family Constellation and Systemic Consultant who works with Amber Law clients to understand and dissolve inter-generational trauma. He has been an integral member of Amber Law’s Client Wellbeing Network for many years, offering positive life transformation.
Whilst the pain in someone remains unresolved, it remains in the person’s energy body and in their family system. Pain has a low vibrational energy which permeates through reaching the ‘other side’ be this in family, criminal, employment, or other cases. Anyone within proximity is exposed to this pain energy. Children in the household are particularly sensitive, open, and susceptible to absorbing this energy into their little bodies, and so continues the cycle of intergenerational trauma.
How lawyers are taught to practice law is framed in a combative lens, we fight the fight, sitting in a conflictive, toxic, environment. Having litigated for 17 years I am awake and aware to the fact that there are many cases where we must be strong and ‘fight’; but with a holistic lens, it is not with gloves on, it is with our spiritual swords. We can pierce the veils of ignorance and darkness – not to cause further hurt or pain, but to allow light in through the cracks, and bring that human being in pain some healing, restoration, and peace. This is not possible in all cases, but it is achievable in the majority. This is also called a non-dualistic approach. Why? Because we understand that it is only those in pain who cause pain. That their pain was not of their choosing. It is likely someone caused them pain and they were targets of someone else’s pain. Hence everyone is deserving of compassion, empathy, and non-judgement. Their pain did not start with them. Many live unaware of this and their shame, guilt, and fear keep them trapped in a life so painful, many choose to end it themselves by suicide.
There are many troubled souls in this world of duality we live in, a world of opposites- good and bad, saintly and evil, light and darkness, ups and downs. I have been up close and personal with many souls lost in whirlpools of darkness, trapped in evil thoughts. Those who commit unspeakable acts of violence and project their pain into our communities. Our communities must be protected from them. Goodness does not mean weakness. The challenge of attaining justice as peace in such cases is in transcending the lens of duality and understanding they need to be in a space away from the possibility of causing more hurt to others, (prisons). And simultaneously, when and where possible be granted the opportunity to be cared for maybe for the first time in their lives, and slowly heal, relieving their unbearable pain, towards more peace. This is not always possible and that we also must accept. We cannot fix anyone. As a legal justice system however, it is our primary duty to all involved to offer support and provide the teachings and tools to assist them towards attaining that goal- justice as peace.