The Common Man vrs the Supreme Court

The Common Man vrs the Supreme Court
When a child sits on the shoulders of a giant, he can see further than he normally would be able to see. It is also said that the dwarf that is carried on the shoulders by a giant can see even further than the giant himself. This illustrates the process of looking further afield to see what lies far away in places and times, and defines the concept of visioning. Legal luminaries are the giants in the field and the legal dwarfs on the street use their own eyes and can sometimes see further than the giants. Supreme Court judges would look like legal luminaries to the common man but they could also suffer from legal myopia. When this happens the man with common sense would look like a legal visionary in the land of legal luminaries serving in the Supreme Court.

Visioning processes are established when goals are set and plans drawn up to achieve those goals and objectives. Visions can be based on the perceptions of an individual or they can be formulated based on the views of groups. Groups can be classified based on many criteria into several subgroups and levels. The quality of visions depends on the task or goals at hand and the views of the subgroups or levels. Strategic planning is an essential part of the visioning process.

Vision is associated with the ability of the eye to see. Seeing depends on the presence or absence of light. Images or objects seen are interpreted by the mind, meanings are formed and knowledge is gained and used to achieve goals. Mind is an intermediary between the soul or spirit of man and the body. The quality of interpretations by the mind depends on the state of the soul/spirit behind it. Total and all-encompassing visioning thus spans the physical, mental and spiritual horizons. Strategic plans based on holistic visioning would have greater chances of success than any other plans. Enlightened minds and mature souls would be expected to produce the best strategic plans but with a caution that enlightened minds are not necessarily mature souls while mature souls may not share interest in all goals.

Leaders are expected to be visionaries with the ability to see far out and have plans that help them to see around corners. They need to paint images of the desired future (goals, objectives, outcomes etc) and make them intensely real and compelling so that they motivate and drive present activities. This planning process is the visioning /strategic planning process which necessarily involves the phases of Planning, Execution, Evaluation & Audit and Corrective & Preventive Action.

Visioning and strategic plans seek to answer the questions of what to do or where to be in three, five, ten, twenty, fifty or one hundred and more years. Very diligent attention to details in strategic plans improves chances of attaining goals. Strategic planning is used in all aspects of life and one of the earliest records of strategic planning principles is embodied in the writings of Sun Tzu on the “Art of War”. A few quotations from him emphasizing on winning the war before it starts, or overcoming obstacles before they occur or impede progress, are as follows:-

“The general who wins the battle makes many calculations in his temple before the battle is fought. The general who loses makes but few calculations beforehand”.

“The supreme art of war is to subdue the enemy without fighting”.

“Supreme excellence consists in breaking the enemy's resistance without fighting”.

“Thus it is that in war the victorious strategist only seeks battle after the victory has been won, whereas he who is destined to defeat first fights and afterwards looks for victory”.

“Thus, what is of supreme importance in war is to attack the enemy's strategy”.

“To fight and conquer in all our battles is not supreme excellence; supreme excellence consists in breaking the enemy's resistance without fighting”.

“Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win”.

When a Judiciary is packed to the full with legal brains serving particular interests at all levels in the judicial system, it is proof positive that a strategic plan is in place and working. Those who do not flow with the established interests of the judiciary become chicken in the courts of hawks. Unless and until the courts begin to serve the interests of the common man, those who are comfortable with the law as practiced remain to play second fiddle. Interpretations of the law based on interests instead of universal and selfless principles are mind-based and not soul-based, and therefore deficient in the optimal scheme of things. The soul is like the head that must wear the hat and not the mind which is the knee.

The Judicial Service of legal luminaries plays its role in society under the Executive arm of Government, which also functions based on the perceptions of the common man as expressed in elections. “Vox populi, vox dei”, the voice of the people is the voice of the gods, establishes long term expectations. Selflessness is a quality of the higher soul and interests can be the selfish desires of the lower mind. A political party in Government that relies too heavily on legal luminaries serving sectional interests must prepare to remain in a secondary position; except when the common man is occasionally confused or his verdict set aside.

Victor Awayevoo.