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RE: What Does Justice Look Like?

in #steemitbloggers6 years ago (edited)

This is such a conundrum and in South Africa, too, these debates are raging. You raise, in my head, three important issues: consequences of actions; punishment and/or restorative justice - with the victim(s) in mind as well as the value of education. Like you, I have opinions on all three and I think that the arguments in favour of all or nothing are not simple, but very nuanced to the point of, sometimes, being case-specific.

With graffiti, too, I think there is a challenge where, internationally, "tag" artists are getting much kudos for their work and it's being featured all over the show - to great acclaim. Begs the question: when does vandalism become art? When it's in the eye of the beholder? And then, the consequences of fame, money, reputation seem somewhat anomalous to me.

Back to the issue of punishment - in this case, this seems to be either malicious or, at best, kids' pranks. Doesn't excuse it, though. From an objective outsider's perspective, I'd be inclined to want to know the motive behind the behaviour and if it was just a kids' prank, cleaning up, naming and shaming may do the trick. If it was malicioius, then no. Throw the book at him/her (probably him). In both instances there are consequences to be borne.

I do understand the anger and outrage, but perhaps because of the issues our society faces, I'm inclined to suggest that a clean-up is infinitely more palatable than hospital visits or a funeral. Or, as is the case of the widespread vandilising of the country's metro rail system, virtually crippling the economy of cities like Cape Town. No, I am not being flippant and yes, I agree that there ought to be consequences as I've already said, and I acknowledge that petty crime can lead to more significant crime, but sometimes it's helpful to take a step back to get perspective. I did like the example of the construction worker and his son. That said, not all parents would have seen sense; some seem incapbable of it when it comes to their "darlings".

On the education thing. I worked in the post school education and training arena for well nigh 30 years and one of the things that is patently clear to me, that the old adage "there's none so deaf as those who won't hear", applies here, too. So I agree that unless there is a genuine motivation to learn, what's the point of education?

In the village where I live, we had a wonderful event over the weekend where 50 bicycles were handed over to children and famliies from poorer part of the town. Yesterday morning, I was doing an errand and two kids came flying round a corner, through a stop street on the wrong side of the road. I had right of way and had I not had to slow down to turn, myself, I might have not seen them and the potential consequences are too awful to contemplate. When I got home, I asked the organiser whether there had been any prep and awareness of the rules of the road. Nope. It's being done with the next bike drop was the response. In November. Now, I'm asking myself whether it would have done any good to have had that ahead of time? I don't know. Kids will be kids, taking chances and doing what kids to - look, mum, no hands, and all that jazz. No amount of education will change that. So... Sigh....

Back to the mall's balls: I, too, would feel a sense of personal outrage at the vandalising of one of my own creations, or a friend's , so I have a sense of what you and @mattclarke must be feeling, which begs another question about the motivation: was it personal? But now having read his comment, perhaps not.

I guess my ramblings are a long way of saying that I don't think that there is a one-size-fits-all solution to this conundrum. I do hope that the community and authorities come to some arrangement that appeases everyone and where the perpetrators are suitably chastised and pay for what they have done.

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Thanks for the well thought out reply @fionasfavourites. I wasn't expecting one so well arranged. I need to point out, from the outset, that neither Matt not myself created the Mall's Balls. They are a sculpture that have been there for 41 years or so, so I don't think the motivation was personal, at least not against either of us.

I would also qualify graffiti as the horrible tagging that we see around the place - words, slogans and the such, as opposed to the 'street art' that tends to be commissioned by governments or councils - those large murals that ordain walls in alleyways, and the such.

There seems to be a great deal wrong with society and the way we see justice delivered. I for one struggle to let the whole eye for an eye thing go. Other parents, not so much. My family were having lunch a week ago, in a shopping centre, and my son's standing by his chair, eating a sushi, when some random kid walked up to him and punched him in the stomach. I didn't see it occur because I was helping my daughter with something, but my wife challenged his mother, who seemed quite non-perplexed by the incident, and 'tried' to get him to apologise to my son. But to no avail.

So now, I need to teach my son that it's not okay for someone to walk up to you and punch you in the stomach, yet if I had've found that kid and his parents, once I'd discovered what had happened, I'd have been the bad guy for throwing a curry in his face. Go figure.

I find that justice is rewarded to the innocent by those who feel the most guilty at the time. Our governments have a semblance of what they think should be justice, but it doesn't help those who are really in need of it. It simply exists to keep the majority quiet. So, providing you're willing to be on the receiving end of violent crime, or something similar, you will probably get to experience justice of some kind.

Ah, @steveblucher, I misread - I realised that you were not the architect, and misunderstood your reference to Matt, so yes, most definitely not personal.

What a horrible experience for your family and particularly your son. That behaviour is most definitely not ok, and nor was his mother's response. In your shoes, I'd also be chucking a curry in his face. Actually, it strikes me that if you really wanted to do something, that was assault. A criminal offence, no? And don't tell me you that a) children are not capable of criminal behaviour or that b) you can't charge children with criminal offences... Having been involved with the street children movement in the 80's - about which I've written a couple of time and most recently in my last post but two - I know that. And had to deal with both wrongful charges and chldren doing criminal things....

Yes, trying to teach the "do-as-you-would-be-done-by" lesson rather than perpetuating the "do-as-was-done-to-you" reality is the really hard thing, isn't it?

I think that you are so right about justice being rewarded as you say. However, justice is also served on those who can afford it. As I have learned, the law is not fair. The law is the law. That means justice is not fair either, complicated by the motives that drive it and it can be government and sometimes, public sentiment. Actually, there is an interesting case underway in SA at the moment - currently postponed - and where the defence attorney has asked the judge to recuse himself because of perceived bias. It's a very sensitive case involving human trafficking and rape. Swirling public opinions and sentiment. The spat between the judge and the attorney is what's caused the postponement. It's going to be interesting so see how that pans out.

If you're interested, Google the Omotoso trial. I don't necessarily advise it though. Very harrowing.

On that note, g'day!

I'll have a look at the trial you mentioned - while it might be harrowing, it is still something of an insight into human nature. Interesting that a spat between the judge and an attorney is what caused a postponement. It must've been somewhat of a disagreement. You don't really hear of this sort of thing all that often.

There is a huge disconnect between the behaviours that we want to see our children display, and what the law thinks is appropriate, and unfortunately, not too many people these days want to be held accountable for their actions. With a legal system that on one hand says someone must be responsible, but then with the other hand deals out piss-weak retribution, how are we supposed to react? It's no wonder society is quick to blame someone else. We are headed for dangerous waters, if we haven't already found them.

Accountability, whilst preached from any legal system in the world is quickly becoming a pipe dream. I'm not sure how it is in SA, but here, give someone a honk for cutting you off at a Stop sign, and they have the gall to give you the finger!?! In what world do I get in trouble for someone else not following the road rules!?

South Africa, I am sad to say, has become very litigious. This is not the first time this has happened. That said, I am going to be very interested to see how this unfolds. The matter is going to the Constitutional Court - the country's apex court.

And on your last two points: I cannot disagree. Both seem to be world wide phenomena.

Have a good week.

PS. Sorry about the cricket. Not. ;)

LOL! Cricket... I should care more, but it's cricket!!

You should read some of the articles that are coming out at the moment about the Aussie cricketers - you'd think they murdered someone. (the ball tamperers are getting curry, but can't deal with it!!)

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