TED Conversations

Salim Solaiman


This conversation is closed.

Is it MORAL for a smart LAWYER to twist the meaning of words of law to save a CONVICT about whom s/he is sure to be a convict ?

There are lot of discussion on MORALITY here in TED which is necessary and found to be very much thought provocating for the greater benefit of humankind for the establishment of justice fighting all injustice.

There are talks and discussions of morality of scientific development specially biological scinece. Discussions are there about the morality of politicians, media , interantional bodies, NGO etc etc. Was wondering what about the morality of our Judiciary System (not any particular country rather as a whole).

Hopefully Judiciary system is there to fight all injustice and establish the rules of justice (realtive though in respect to time , space , culture etc). Law makers (they are definitely not beyond debate) afters days. months or even years of debate comes up with new law or ammend old for the betterment of society.

What happens while implementing that LAW? Smart, intelligent lawyers all the time find out way to twist or bend the law to save their client , which in many cases they definitely know s/he was a real convict.

Yes from professional stand point those lawyers may be right to do that as they are commited to serve their client best of their capability honsetly.
But what about morality ?
How moral it is for them ?
What is the impact of their victory on the psyche of society as whole on the total justice system?

By doing so smart lawyers become famous and costly earns lot of money. Normal citizen can't afford them, rather a rich convict can , so law start speaking with money.

What are your thoughts about it ?
How can we prevent that implementation of law is not linked with money or power ?

(Well I agree FORGIVENESS is great virtue , but that forgiveness should only go once CONVICT agrees s/he did something wrong then only it can come in place, it's my view though)

Eager to hear your thoughts

Edit : Question edited replacing How with Is , courtesy Helen's post below :)


Closing Statement from Salim Solaiman

Thanks for all the contributors & their valued insight. Well it seemed though what I was proposing in premise as question of Morality , someother things it's more a matter of ethics. That being said it can be easily something is not right in our justice system.

Unanimous comment was that poor and people with out power can't really get justice from our current system. So we need to look for a change for the betterment.

Other point can be concluded that it's actually not a high priority cahllenge that our civilization facing , which is visible from the numbers of contributors contributed here.
Once it goes up the priority list , we defintely will have more discussio. Looking forward for that.
Good day for all. WIsh everyone can get justice from out current justice system.

Showing single comment thread. View the full conversation.

  • Aug 8 2011: Morality has nothing to do with the law. Ethics on the other hand...
    • thumb
      Aug 9 2011: Hi Jeffrey thanks for participating.
      It will be great if you can elaborate a bit what you said.
    • Sep 6 2011: A relationship exists between law and ethics. In some instances, law and ethics overlap and what is perceived as unethical is also illegal. In other situations, they do not overlap. In some cases, what is perceived as unethical is still legal, and in others, what is illegal is perceived as ethical. A behavior may be perceived as ethical to one person or group but might not be perceived as ethical by another. Further complicating this dichotomy of behavior, laws may have been legislated, effectively stating the government’s position, and presumably the majority opinion, on the behavior. As a result, in today’s diverse business environment, one must consider that law and ethics are not necessarily the same thing. http://ansteadsue.tripod.com/ethics.htm

      Morality can influence the law in the sense that it can provide the reason for making whole groups of immoral actions illegal.
      Law can be a public expression of morality which codifies in a public way the basic principles of conduct which a society accepts. In that way it can guide the educators of the next generation by giving them a clear outline of the values society wants taught to its children http://www.wku.edu/~jan.garrett/320/320lawmo.htm

      Both morality and ethics can either be part of the law and not apart of the law.
      • Sep 6 2011: Raymond - Great points and a great addition to the conversation. I am not sure if it addressed Salims main question but it certainly illuminated the conversation.

        Salim - sorry I didn't get back to you earlier. I was visiting family in the mountains and didn't have access to phone, fax, internet, etc. I hope all is well.

        The law is what is legal / illegal and that is only what the government decides it will be. In some countries the rule of law is decided by democratic bodies. In some countries this process is fraught with corruption and cronyism. In other countries, such as the USA, it is decided by corporations.

        This should not be taken as an indictment of government or the rule of law but rather of corruption.

Showing single comment thread. View the full conversation.