Truth Seeking Over Privileged Communication
“Justice itself is the great standing policy of civil society; and any eminent departure from it; under any circumstances, lies under the suspicion of being no policy at all.” And because I agree with this remark made by Edmund Burke I strongly affirm the resolution which states, “In the US Judicial system, truth seeking ought to take precedence over privileged communication.” My value premise will be justice, since the resolution is about the US Judicial System and truth seeking, and my value criterion will be Judicial Legitimacy, because a just judicial system would protect the innocent and prosecute the guilty. And with that I offer definitions of key words in the resolution from The American Heritage® Dictionary of the English Language, Fourth Edition. The first is judicial, which is defined as :Of, relating to, or proper to courts of law or to the administration of justice, the next is system, which is A group of interacting, interrelated, or interdependent elements forming a complex whole. Next is Truth, which is defined as That which is considered to be the supreme reality and to have the ultimate meaning and value of existence. Then seeking which is the present tense of the word seek, which is to try to locate
I will start with my first contention, which is that truth is the only means of achieving justice. This is so because without the entire truth, the information required to make a reasonable decision supporting justice is incomplete, therefore leading to an uneducated decision making process in which puts something or someone in an unfair position. Aristotle once said that justice “consists in treating equals equally and unequals unequally but in proportion to their relevances.” And in order to treat someone as an equal or unequal you must know the truth of their equality or inequality. This alone is more important than any privileged communication because with the privileged communication there is information withheld from the decision making process of the person within the US judicial system therefore forcing a decision based on what is given rather than what is whole and true and just. According to Lectric Law Library’s Lexicon on Privileged Communication, the law allows certain people to refuse to disclose information contained in certain conversations or writings. Communications between an attorney and client, husband and wife, clergyperson and penitent, and doctor and patient are all currently privileged. This literally means that there is truth to be found but it is being purposely withheld for the good of the relationships between these people. This could possibly mean the difference between an innocent person being unrightfully punished or being justly left alone but the people in these privileged relationships believe their own friendships and trust bonds are more important than the justice and safety within the whole society. When lies are told within t
Some topics in this essay:
Fourth Edition,
Privileged Communication,
Aldous Huxley,
Luwig Borne,
American Heritage,
Judicial System,
Edmund Burke,
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Judicial Legitimacy,
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precedence privileged,
Eiric Schuab,
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system truth,
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information withheld,
potentially harmful,
potential censor potentially,
potential censor,
censorship potential,
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Approximate Word count = 1136
Approximate Pages = 5 (250 words per page double spaced)
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