Final Integration Paper: Transforming Justice

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VELUZ, Anna LEGPROF

Block IA Atty. Lat

Final Integration Paper:


Transforming Justice

Several responses tend to come up when one is asked on what the legal
profession is truly about. There are those that believe in the system; they see the
profession as the saving grace for the administration of justice in society. Lawyers are the
agents in ensuring that fairness and equity is granted to those who deserve it and those
that perpetrated offenses shall also be punished accordingly. On the other side, there are
those that see the legal profession as an avenue for hierarchy and personal gain. In such
cases, those that have more in life are even more favored in the administration of justice
for lawyers are viewed as mere puppets who move only upon the grand influence of
money.
From the different influences in today’s time such as social media, news, and
politics coupled with the different experiences I’ve encountered within and outside the
ambit of the law school, I came to the conclusion that the legal profession is an intricate
mess of both. As an aspiring lawyer, I believe that the profession should be the sole and
most regarded source of justice and shall be an effective means in correcting the
infirmities of society. Lawyers shall stay true to their duty and be driven to engage in their
practice not by personal gain but rather on ensuring fairness and equality for all, in order
to give every person his due. However, due to certain factors that are involved in the
practice of legal profession, such as the temptations that follow money, fame, and
recognition, lawyers, instead of being the protectors of the people, have now become the
perpetrators of injustice themselves, transforming the legal profession from being the
country’s solution into one of its biggest problems.
In order to solve these infirmities given the circumstances in our country, an
attempt to modify the justice system would be the most possible means in improving the
condition of the legal profession. The times warrant a transformation in justice. If we insist
on the current form of what is called the punitive system, matters are only bound to get
worse; laws will be harsher, punishment crueler, and justice even more unattainable.
However, if we consider transforming the administration of justice to the unitive system, I
believe it will give a chance for the profession to begin anew with a clean slate. With this
hope of change, the profession will be given an opportunity to reassess its processes and
identify the key issues that need to be addressed.
In order to be able to shift from punitive to the unitive system, I believe that the
first step is acknowledging that there is indeed something wrong with our current method
in the legal profession and that it demands change. After being subjected to the punitive
system for such a long period, it is necessary that the people get used to the idea of
change by allowing it to happen gradually.
Based on, “Transforming Justice, Lawyers, and the Practice of Law” by Marjorie
Silver, there are other collective ways that society may acknowledge and practice to
accommodate the change from punitive to the unitive system of justice. First, there must
be a change from basing the system on rules to values. Instead of choosing hard-set
rules and laws as guidelines in the administration of justice, the unitive system promotes
values as replacement. With this, people will be more driven to comply with the law not
because of fear of punishment but rather due to the inherent moral values they possess
and believe in. Second is acknowledging the shift from hierarchy to equality. This will
allow the law to be applied without discrimination against those who have less and
favorability towards those who have more in life. Accepting this concept will bring about
equality in conflict resolution and will in turn be more equitable to all. Third, reliance will
shift from judgement to discernment. This particular change acknowledges that
judgements can be flawed due to the fact that not all are made exclusively based on the
facts of the case but rather a mix of a judge’s personal beliefs and what the law directs.
On the other hand, discernment allows for a deeper understanding of the circumstances
of the issues clearly since it is one’s own judgement free from external influences. While
judgement is concerned with what is right and what is wrong, discernment shifts away
from that notion by not being black and white, allowing

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