Justice: Great sorrows are (far too) silent, by Denys de Béchillon

Justice: Great sorrows are (far too) silent, by Denys de Béchillon

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Justice: Great sorrows are (far too) silent, by Denys de Béchillon

Read moreEveryone is whining. Television infuses us with pain. I failed to cook the chicken breast because my mother didn't trust me, but I won't give up... We are required to understand, to discern reasons, to glimpse causes if not excuses. A cohort of unfortunate people advances, to whom nothing much has happened. Nothing to do with the suffering of those who have lost a child, their legs, suffered rape, been unjustly imprisoned, had to leave their country, but these orders of magnitude do not trouble anyone. My “feeling” weighs as heavily as objective reality. Bottom line: a woker wakes up in everyone as soon as he sees his advantage. The quest for secondary benefit – the afternoon without school (but with video games) for the child struggling with a runny nose – competes with football for the title of national sport. And here we are, a people of victims, demanding rights in return for our miseries. Basically, we complain. Complaint, victim, claim… The very heart of law. A priori, lawyers should have a lot to say about this. Especially since French society is known to follow American society closely. As we know, one of the most deeply rooted beliefs is that, like our neighbours across the Atlantic, we French take legal action for anything as soon as we think we have suffered the slightest damage. It would be quite normal for such a groaning country to rush to the judge to obtain compensation for its torments. And then there is so much talk of the congestion of the courts... The reality, however, is not so intuitive. Oh, certainly, to remain on the subject of personal dramas, we see an increase in the number of circumstances in which one person accuses another of having harmed their being rather than their heritage. It has even become one of the daily tasks of magistrates to sort the wheat from the chaff as best they can, particularly when it comes to sexual or moral harassment. In this case, there is no doubt that these trials – or the uses of this type of argument in ordinary procedures (divorces, dismissals, etc.) – have multiplied. But does this mean that, in general, people are heading en masse to the courts to seek compensation for their various injuries? This is not certain, and it is also not certain that there is reliable and easily accessible data to verify this. We rarely and poorly count this kind of thing in France. And those who do it work in general indifference, which poses a huge problem because anyone can say almost anything without much risk of being contradicted by the production of reliable and objective figures. It would be better, however, not to legislate on legal fantasies... Great pains are far too silent. Whatever the case, we would gain by taking a closer look and especially by looking at the trials that are not taking place. We all experience or know of people who refuse to take legal action, such as that of a grandmother who accepted the insurer's very low offer after being knocked down by a reckless driver when she could have taken the matter to court and obtained significantly more. The reasons are sometimes good, sometimes less so: not enough money, not enough knowledge (to assess the chances of success, to choose the right lawyer, to know how much it will cost), no time, no energy to fight against someone stronger than you... An egalitarian democracy should nevertheless be concerned with these situations: identify them, analyze them, try to remedy them... They are detestable when they lead to serious harm not being repaired. They violate the Declaration of Human Rights, Article 16 of which "guarantees" us that our rights are neither theoretical nor illusory. None of this is good. But who cares? France is swimming in paradox and indecency. Here, a sea of ​​imaginary victims to whom everything is given; there, an ocean of real injustices that we don't give a damn about. We should meditate on folk wisdom, tell ourselves that great sorrows are far too silent (compared to some others), draw some righteous anger from them, reflect on them, and want things to change.

Everyone is whining. The television is infusing us with pain. I failed to cook the chicken breast because my mother didn't trust me, but I don't give up... We are required to understand, to discern reasons, to glimpse causes if not excuses. A cohort of unfortunate people advances, to whom nothing much has happened. Nothing to do with the suffering of those who have lost a child, their legs, suffered rape, unjustly experienced prison, had to leave their country, but these orders of magnitude do not trouble anyone. My "feelings" weigh as heavily as objective reality. Bottom line: a wokist awakens in everyone as soon as they see their advantage. The quest for secondary benefit - the afternoon without school (but with video games) for the child struggling with a runny nose - competes with football for the title of national sport. And here we are, a people of victims, demanding rights in return for our miseries. Basically, we complain.

Complaint, victim, claim… The very heart of the law. A priori, lawyers should have a lot to say about this. Especially since French society is known to follow American society closely. As we know, one of the most deeply rooted beliefs is that, like our neighbors across the Atlantic, we French sue for anything as soon as we think we have suffered the slightest damage. It would be quite normal for such a groaning country to rush to the judge to obtain compensation for its torments. And then there is so much talk of the congestion of the courts…

The reality, however, is not so intuitive. Oh, certainly, to stay on the subject of intimate dramas, we are seeing an increase in the number of circumstances in which one person accuses another of having harmed their being more than their assets. It has even become one of the daily tasks of magistrates to sort the wheat from the chaff as best they can, particularly when it comes to harassment, whether sexual or moral. In this case, there is no doubt that these trials – or the uses of this type of argument in trivial procedures (divorces, dismissals, etc.) – have multiplied. But does this mean that, generally speaking, people are heading en masse to judges to seek compensation for their various and varied injuries?

This is not certain, and it is also not certain that we have reliable and easily accessible data to verify it. We count this kind of thing little and poorly in France. And those who do work in general indifference, which poses a huge problem because anyone can say just about anything without much risk of being contradicted by the production of reliable and objective figures. It would be better, however, not to legislate on legal fantasies...

Great sorrows are far too silent

In any case, we would gain by taking a closer look and especially by looking at the trials that do not take place. We all experience or know of people who refuse to take legal action, like that of a grandmother who accepted the insurer's very low offer after being knocked down by a reckless driver when she could have taken the matter to court and obtained much more. The reasons are sometimes good, sometimes less so: not enough money, not enough knowledge (assessing the chances of success, choosing the right lawyer, knowing how much it will cost), no time, no energy to fight against someone stronger than you...

An egalitarian democracy should be concerned about these situations: identify them, analyze them, seek to remedy them… They are detestable when they lead to serious harm not being repaired. They violate the Declaration of Human Rights, Article 16 of which “guarantees” us that our rights are neither theoretical nor illusory. None of this is good. But who cares?

France is swimming in a paradox and indecency. Here, a sea of ​​imaginary victims to whom everything is given; there, an ocean of real injustices that we don't give a damn about. We should meditate on popular wisdom, tell ourselves that great pains are far too mute (compared to some others), draw a little righteous anger from it, think about it, want things to change.

 

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