The Gazette 1987

GAZETTE

SEPTEMBER 1987

man to esteem the one indivisible dignity of man in his life with God, without in so doing excluding other religions and humanistic sub- stantiations of human rights." To keep human life fully human requires more, as Niebuhr has said, than a recognition of the basic human rights, though it implies at least that. It requires a true mutuali- ty, interaction, reciprocity between human beings at both personal and corporate level; it requires the mutual respect and harmony which is both Platonic and Christian; it re- quires not justice in the strict juridical sense, but in the enriched sense that approximates to Chris- tian love. "For Righteousness and Justice are the foundations of your throne." • Most Reverend D. Williams We are gathered here on this solemn occasion to invoke the blessing of the Holy Spirit on the occasion of the opening of the new Law Term. The theme of the readings which I have chosen for today's celebration is "Peace". We are all to be messengers of peace, as you have just heard in St. John's Gospel, "As the Father sent me so am I sending you". You will have noticed how when Jesus came and stood among them his greeting was a greeting of peace. The disciples were filled with joy, whereas previously they had been behind closed doors for fear of the Jews. You heard Isiah telling us that in the Old Testament under- standing, peace was the product of justice and integrity. It was the spirit of God from above that turn- ed the wilderness into "fertile land" and that gave us "safe houses, quiet dwellings, and a peaceful home". That Old Testa- ment understanding of justice was of a harmony which derived from a fidelity to right relationships with God, with our neighbour, and with the world around us. In the words of the Psalm "Justice shall march before him and peace shall follow his steps." You will have noticed how in the New Testament, St. James de- velops this theme, indicating "that the wisdom that comes down from above makes for peace, it is kindly and considerate, it is full of com-

passion and shows itself by doing good". And the excerpt from that letter of St. James ended by assur- ing us that "peacemakers when they work for peace sow the seeds which will bear fruit in holiness." Modern Church teaching echoes this biblical emphasis on peace as the product of a justice which itself must be a guiding principle for the relationships between individuals, and between individuals and society. The legal system carries a heavy burden of responsibility, since it is the major social mechanism for regulating human affairs according to accepted principles of justice. The biblical concept of law is of a social contract, a means of or- ganising social and human affairs in a manner which ensures justice, order, and a degree of harmony, leading to peace. But the law as a code of justice, will always be im- perfect, because it operates within the limitations of human knowledge, and is administered by imperfect humans. That our legal system should sometimes fail to meet the challenge of justice is a flaw which derives from its posi- tion as a human institution supremely vulnerable to human error. Like many social institutions, the legal system can at times defend the interests of the strong against the weak. The challenge to the Christian lawyer is the call to be a Christian, a challenge which we must take up in every area of our lives, in every legal case, in every legal dispute, in our dealings with clients. There can be no room in the life of the Christian lawyer for anything other than a deep rooted desire to serve and help each and every client, in the model of the one who came among us "as one who serves". We are heirs to a code of Chris- tian justice which offers us a yard- stick against which to measure our legal system. Modern Church teaching has given a new emphasis to the Gospel message of distri- butive and social justice seen as a means of guaranteeing the full par- ticipation of all people in the com- mon life of our community. The legal system must participate in creating the structures and the legal mechanisms which will facilitate even for the poor and deprived the active participation in

the life of our country. As an exam- ple, it is to be hoped that the pre- sent Government will honour its commitment to introduce a Home- less Persons' Bill this autumn, and that the Bill will include provision for a review or appeal system, sub- ject to law, to enable the homeless to seek their rights to decent accommodation. Our legal code in this country places a great emphasis on the in- dividual; but its role in relation to the area of social policy seems to be extremely limited. An example is the much quoted constitutional guarantee of the dignity and place of the family in our society. Yet this guarantee has not been translated into measures within our social welfare legislation which would provide for an adequate income for all families. Indeed, the report of the Commission on Social Welfare, published over a year ago, docu- mented shocking levels of poverty among the families of the unemployed, a group which was found to be at the highest risk of poverty. One is tempted to com- pare the priority placed on the constitutional guarantees to the family, with the manner in which the Courts uphold the guarantee to private property even in recent judgements. There must surely be implications here for the relative importance which our legal system attaches to commutative as oppos- ed to distributive and social justice. The law occupies a critical posi- tion as a key social institution. As such it reflects the existing divi- sions within our society between rich and poor. When we reflect on the reality of our criminal law and the relationship between criminali- ty and socio-economic back- ground, we must face the question of whether the law in fact adopts two different standards: one for the unemployed young person ac- cused of robbery or shop lifting, the other for the company director ac- cused of fraud. The lawyer in a special way reflects the conscience of our society, especially for those who come to you seeking justice, guidance and help. As lawyers, you help to form the society we live in. In these days, our Christian challenge must lead us to apply moral Christian principles to our everyday lives. You will recall the letter of St. James "If there are any

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