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Justice in Paradise - Bruce Clark
BY E-POST 29/12/99
Justice in Paradise, The Next Millenium
Whether it is because of western civilization's economic influence or power politics or just by default, the fact is that the justice system presently being adopted by the emerging global village is based upon North America's. But the model is flawed, systemically. The towering event of the last milleniumóthe European invasion of North Americaówas accompanied at all material times by a ground law making it illegal for the newcomers just to assume jurisdiction over territory. Their jurisdiction is derivative (as contrasted with original): the means of derivation being a treaty purchasing from the natives the right of jurisdiction. The natives have the original jurisdiction.
Most crucially of all, the natives constitutively were held to be entitled to the remedy of third-party adjudication, to guard against breaches of their right of original jurisdiction. In the event of jurisdictional conflict, the newcomers claiming to have acquired jurisdiction must prove the purchase, before a third-party referee. The constitutive international and constitutional law rejected the newcomers' own court system as adjudicator, because of the conflict of interest under which the newcomers' own judges labour.
North America's legal establishmentóthe lawyers, judges and policeósuppressed the remedy of third-party adjudication; and then abused its own usurped and substituted monopoly over the court process systematically and methodically to stonewall the law in practice, while still paying it lip service in theory. And now this same profoundly duplicitous legal establishment, that distinguished itself by administering the perfect grand crime of the last milleniumóthe genocidal theft, by chicanery, of a continentóis the system model for the administration of justice in the global village of the next millenium.
For the most part the members of that legal establishment today psychologically accept that opportunism is pragmatically real, and, correspondingly, that the pursuit of justice as the application of truth to affairs is quixotically ideal. Their cynicism is a self-fulfilling prophecy. Precisely because the priests of the truth standard's temple overwhelmingly are themselves opportunists, they themselves preempt, as being hopelessly idealistic, the pursuit of justice as the application of truth to affairs. From this perspective structural reform therefore entails a psychological re-programming of a professional class that thinks it already has all the answers it needs to do what to it matters most: make money and preserve the status quo. Daunting though the task is, the regeneration of honesty and hope among the lawyer-cynics, who are the nervous system for human communication for legal purposes, is the sine qua non of reform.
None of this is to argue that North America should be given back to the natives. Integration is both the modern fact and increasingly, unavoidably and perhaps appropriately, the future. The North American ground law, based upon racial segregation, is an anachronism. But it should openly be discussed and repealed with provisions for transition, rather than, as at present, being suppressed by the legal establishment, whose justification for being is to see to justice as the application of truth to affairs, not the suppression of truth. The ongoing suppression by the legal establishment, of the law which embarrasses it, prolongs the tenure on the law books of the regime of racial segregation for legal purposes; and, what is structurally worse, profoundly corrupts the system of justice by inducing its systemic evasion of the law.
To allege and to be able to prove this need for change is to threaten with a measure of uncertainty the intellectual investment and monopoly and, worse from an ego perspective, to impugn the personal integrity and pride of the one class in society that is above the law: the lawyers, judges and police. The persecution of me, as portrayed in my book Justice in Paradise (Montreal: McGill-Queen's University Press, 1999) illustrates the reaction: psychological denial, and vindictive retribution, systemically, and with impunity. When as legal counsel on behalf of native clients I insisted upon their remedy of third-party adjudication, the legal establishment refused 40 times to address the law, and then imprisoned me for criminal contempt of court and disbarred me for insisting upon an issue that it then pretended it had addressed 40 times. With the publication of Justice in Paradise, which keeps the suppressed issue alive, I am now at risk of permanent jail in Canada until I "purge my contempt" by recanting and apologizing to the courts.
The evidence provided by Justice in Paradise, of the need for systemic reform, also provides an escape route map capable of leading humanity out of the wilderness of such endlessly repeated human cycles of injustice. The exit signs are global third-party adjudication with no exceptions for powerful players, plus an international system to judge and to penalize national judges who allow themselves to adjudicate while labouring under profound and systemic conflicts of interest.
From the victims humankind can learn structurally to recognize the touchstone for all law worthy of the name: respect. The modus operandi of the crime can teach humanity the structural precondition to respect's implementation: third-party adjudication. These can be stairs to the summit of being: truth. And to justice: the application of it to affairs. Yours truly,
/s/ "Bruce Clark"
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