Christie begins her illustration of the shift of conflict from the issues affecting two parties that need a resolution, to being the property of a few. Further, the author views the daily business addressing criminal justice as being dull, ordinary, and even tedious. The courts lack any significant audience, indicating that the court system is not an integral part of the citizen’s life. Factors contributing to the alienation of the courtroom from the people relates to several factors including the situation of these courtrooms within administrative centers, away from the residential areas of common citizens. Further, the courtrooms are lost within one or two buildings, and even lawyers at ties complain of how long it takes them to find their way effectively around the courtroom. Inside the courtrooms, if one manages to find their way there, each party to the conflict is represented, with the representatives and the judges listening to the case showing very little activity in the way of solving the conflict. The Supreme Court is an apt illustration of the alienation of law from the parties to a conflict, where parties to a conflict do not even attend their court cases, rather enjoying representation by legal representatives. Criminal proceedings within the justice system, for instance, are reduced from a conflict between the two parties, but rather, a conflict between the offender and the state. This situation denies the victim participation into the proceedings, at times the victim being so thoroughly represented that they are pushed to the periphery.
A lawyer’s profession is based on their ability to dissolve conflicts, and is extensively trained towards this role. Their activity seeks the prevention and resolution conflicts. The lawyer’s activity leads to the socialization of the cases into a sub-culture featuring a surprising agreement on interpretation of norms and acceptable practice. A victim may be advised to neglect the best argument in the cases, in favor of other facts that may appear inconsequential. Structurally, the society has evolved in a manner that persons move among each other as migrants without the practical need to have any links between them. Therefore, work colleagues are only known as work colleagues, while neighbors remain, just neighbors. Extreme division of labor, as well as the fixation of society with roles, leads to the situation where an individual can rarely tell the proficiency of a person in their roles, unless they are experts in the given field. The model of criminal justice applied in the industrialized world increasingly strips power off the parties to the conflict, through institutionalizing an occasion where the victim should take primary position.
Redress for this situation is proposed in the form of victim-oriented dispute resolution systems. The initial stage shall be the traditional phase where it is decided whether the law was contravened, and whether it was the accused persons who committed the contravention. The second stage would then involve the evaluation of the victim’s state and as well as all details pertaining to the premises of the case, and other legality considerations. After the court decides on the facts presented in the case, the eventual decision on punishment is made. In addition, the offender is also set up to go through restitutive actions in relation to the harm suffered by the victim. A final stage need be included in the justice system, where the general and personal situation of the offender is known through discussions of the offender’s possibilities to restore the victim’s situation. The courtroom should also apply a relaxed structure, shunning the specialization, and the professionalization of legal practice as is often the case with current practice.
An improved system of justice would take important additions from the Chinese conflict resolution organ, the ‘Tiewo’. It is a process of conciliation carried out by the wise elders of the community . The fact that these elders are not layers, nor are they schooled in law on any capacity, the Tiewo proves to be enduring successful since the elders seek to apply justice as directed by the conscience. This system is reliant upon the community’s participation, given that the Chinese culture ostracizes offenders; it is unpleasant for a Chinese person to be discovered by other members of society as having been the subject of litigation. The absence of formal structure, and the importance of personal status for a Chinese person ensures that the Tiewo is successful in any community living the traditional Chinese way . The criminal justice system in the industrial world needs to include people as participants in the institution of justice.
Works Cited:
Grace, Roger. "Justice, Chinese Style." Baumgartner, M. P. The social organization of law. San-Diego: San Diego : Academic Press, 1999. 435. Print.
