LAW, JUSTICE, PEACE

Justice is the essence of law and the reason that it exists – it is the right of every citizen. Everyone should first know their rights, and secondly, they should recognize their boundaries and those of others around them. Following this, we must act in good faith in order to live together in peace. Law is the social regulation that binds the fabric of society, and this structure can only survive if it is regarded as being fair.

Justice should exist not only by virtue of the content of the law, but also in those who are charged with its dispensation: judges, prosecutors, lawyers, and police. These professionals must apply the law correctly and to a consistent and transparent standard of fairness. When confronted with conflict between law and justice, the professional has always to choose justice, and he has to adhere to this choice as much as possible. Ultimately, if people believe they have adequate access to justice, they will obey the law, and not use individual power to resolve disputes. Rather, they will find a solution through and within the law.

The role of a judge, therefore, is to dispense justice to society. Throughout Thai history, the citizenry has believed that the courts act in the name of the King, and thus we dispense justice on behalf of the King. The Court of Justice is held as the highest and last resort for people to go to resolve disputes. Here, everyone is equal under the law.

The court aims to adhere to certain principles. Realizing that time is limited, we strive to reach final decisions in the least time-consuming way. We also uphold the principles of transparency and justice. We strive to make the workings of the court checkable and simple to inspect, because when society sees that the process of law is fair, and that justice is easy to access – then social order can be maintained and reinforced.

It is the presumption of the courts that everyone knows the law – people cannot simply deny knowledge of the law as their excuse to avoid its reach. Therefore, it is important to educate the populace on the intricacies of the legal system. Many people view justice as an intangible; however, we also accept it as being alive, in the sense that people can recognize it when they experience it.

Because judges enjoy high status in society, we are bound to hold the title with humility. We frown upon extravagance, or the indulgence of bad habits, because our lifestyle should not that of the rich. There are regulations that prohibit judges from engaging in additional, part time careers. Our Code of Ethics allows only two types of work: writing textbooks and articles on the law, and lecturing. We should not serve on boards in corporations or government enterprises. Our work should be independent, without interference from private or political groups.

The role of the judge is to do our work competently, conscientiously, and without any bias. We should decide without anger, or love, or anything that will cloud our discretion or independent judgement. The judge must act with wisdom and objectivity, to show the people that there is justice, and thus ensure a lasting peace. •

CONSTITUTION ISSUE 1 JUN-SEP 2007 Phatarasak Vannasaeng Secretary-General to the Supreme Court President, Former Appeals Court Justice
		GUEST WRITERS: LAW, JUSTICE, PEACE by Phatarasak Vannasaeng

		Justice is the essence of law and the reason that it exists – it is the right of every citizen. Everyone should first know their rights, and secondly, they should recognize their boundaries and those of others around them. Following this, we must act in good faith in order to live together in peace. Law is the social regulation that binds the fabric of society, and this structure can only survive if it is regarded as being fair. Justice should exist not only by virtue of the content of the law, but also in those who are charged with its dispensation: judges, prosecutors, lawyers, and police. These professionals must apply the law correctly and to a consistent and transparent standard of fairness. When confronted with conflict between law and justice, the professional has always to choose justice, and he has to adhere to this choice as much as possible. Ultimately, if people believe they have adequate access to justice, they will obey the law, and not use individual power to resolve disputes. Rather, they will find a solution through and within the law. The role of a judge, therefore, is to dispense justice to society. Throughout Thai history, the citizenry has believed that the courts act in the name of the King, and thus we dispense justice on behalf of the King. The Court of Justice is held as the highest and last resort for people to go to resolve disputes. Here, everyone is equal under the law. The court aims to adhere to certain principles. Realizing that time is limited, we strive to reach final decisions in the least time-consuming way. We also uphold the principles of transparency and justice. We strive to make the workings of the court checkable and simple to inspect, because when society sees that the process of law is fair, and that justice is easy to access – then social order can be maintained and reinforced. It is the presumption of the courts that everyone knows the law – people cannot simply deny knowledge of the law as their excuse to avoid its reach. Therefore, it is important to educate the populace on the intricacies of the legal system. Many people view justice as an intangible; however, we also accept it as being alive, in the sense that people can recognize it when they experience it. Because judges enjoy high status in society, we are bound to hold the title with humility. We frown upon extravagance, or the indulgence of bad habits, because our lifestyle should not that of the rich. There are regulations that prohibit judges from engaging in additional, part time careers. Our Code of Ethics allows only two types of work: writing textbooks and articles on the law, and lecturing. We should not serve on boards in corporations or government enterprises. Our work should be independent, without interference from private or political groups. The role of the judge is to do our work competently, conscientiously, and without any bias. We should decide without anger, or love, or anything that will cloud our discretion or independent judgement. The judge must act with wisdom and objectivity, to show the people that there is justice, and thus ensure a lasting peace. •



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