Supreme Court Judge Warns Against Dividing Law Into Different Cultures
Mr. Justice John McMenamin has warned that we must not lose sight of the true purpose of the law; that it exists as much to protect disadvantaged people as it does those who are advantaged.
Speaking at the Law Society of Ireland sponsored 'Access to Justice' webinar, the Supreme Court judge stated that lawyers and judges should examine their conscience and ask 'how are we going to make sure that the law isn't just seen as a mechanism for people to make a very, very good living, rather than being a means of attaining justice within society?'
He went on to note how his own view of the law changed when he became involved with FLAC (Free Legal Advice Centres) and that, previously, he regarded the law as 'a sort of penance' whereas now he sees the true purpose behind it; that it can benefit and protect people's rights and interests.
Mr. Justice McMenamin reminded the attendees that the law is not just a tool for profit-making, but that it is a vital part of a democratic society. “The law is seen as a very big business in some ways. I worry about that because I see it not only as a business but also as the weave that keeps society together. ...for that, everyone has to have a stake in the law, not just the big battalions," he said, before adding “I worry about how the law is seen because it could be very easily seen as purely a mechanism for protecting the interests of one class over another.”
Legal Education:
Of particular importance, the Supreme Court judge asserted, is outreach by the judiciary in promoting access to justice, as well as building trust and respect for the rule of law. He spoke of how, having addressed one school, a significant number of students said they would like to study the law. Further, District Court Judge Mary Cashin noted how she had heard "amazing insights from children in disadvantaged 'Deis' schools", having visited them, but that the sad reality is that very few of them will get the opportunity to continue into legal education.
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