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Caliifornia State University, Dominguez Hills
University of Wisconsin, Parkside
Latest Update: August 2, 2001
jeannecurran@habermas.org
takata@uwp.edu

On the Dilemma of Judging Others
at Times of Crisis

Copyright by: Jeanne Curran and Susan Takata and Individual Authors: August 2, 2001.
"Fair use" encouraged.

On Saturday, October 20, 2001, Maria Martinez wrote:

I was watching the news, and they were talking about the actual situation between America Attacks and Osama Bin Laden. One of the lawyers said that it will be difficult to find justice for Bin Laden in America because of the extent of damage that he caused. Everyone in America is still hurting from the tragic event that he caused.

The lawyers' suggestion was to have judges from different countries, who are professional in what they do, become the jury for a trial without the plantiff/ our suspect (Osama Bin Laden). This idea brings me back to our class (Peace Making) Soc 367-01, when you said that they should talk to both sides separately, and have the judge take the proper decision instead of ending it with tragedy, such as killing the innocent. I think that going to war will not make things better or solve the problem. It would only make things worse. It would be better if both sides explain their reasons for doing what they did and have a third person make the desicion. The decision at the end of the dispute should be well respected.

On Sunday, November 11, 2001, jeanne responded:

Maria, That was a good summary of the suggestion. I don't think they meant, however, for professionals to sit as a jury, but as a panel of judges. And in our system of justice we would not accept the arguments being made separately because we believe that each side should have the opportunity to question and /or to challenge the other.

Apart from that you have described the principle of arbitration, in which the arbitrating official tries to come up with a compromise that will work in the best interest of both parties.

Does the September 11 crisis help you to see why there is such great emphasis in the law today on arbitration and conflict negotiation?

love and peace, jeanne