Hearty Damages (First Draft)
Is it not unfair that the worst damage a man can ever experiece is not compensible, at least in any means or form, and is not an actionable wrong by which an imposing authority may try to suggest a solution and enforce the same? Indeed, life, as they say, is very unfair. In the real life, in constrast with civil life, you are unprotected from the harm unlike in the latter where there will be always the courts of law to address your problem. In entering into a relationship, one takes the risk of experiencing the geatest harm your body and soul may ever experience. As they say that the heart represents the centrality of our being existent in time and on space, once it weakens, then everything in your system being follows. Why does the heart, though it has been regarded as the most precious matter that a man holds, remain to be unprotected? Why does the man adheres to hypocrisy that he uses logic to justify the non-interference of law on matters of the heart. Is it really important that when it is a private matter, the law backs off? How about the rationale of the existence of private laws? Does the nature of being provate takes away the effect of being enforced? Is it not true that the public has individual hearts? Would it not be persmissible to assume a collective heart of the public? Is it not time for us to give heart to the law? I believe that the law should have a heart too in contrast to what Aristotle said long time ago that law rests purely on reason. We are already in the postmodern, for whoever’s sake! The reason is systematic like a circuit. In line with this, i cannot imagine that we are in a world of robots. We are humans and part of being human is a heart that defies and balance the rigidity of reason. Indeed, we have what we call social justice but that should be further exetended to the microlives of every individual in the country to include matters of the heart. Further, i believe that the law which rest on reason alone can address only the macroproblems in the society. The law having heart will address all the problem of every individual in the microlevel. This will of course prevent such problem from assuming itself in the macro level. I think every lawmaker when making a law denies his true self, including those of his contituents, when he uses reason alone in making such law.
October 29th, 2008 at 11:34 am
Good words.