Iustitia?Where are you? |
Definition: we give the name of justice to the virtuous order of human relationships as a function of the recognition and treatment of the institutional behavior of a person, or persons associated in a certain action, to determine whether the action itself is in conformity with the law or otherwise.
The word comes from the Latin ius which means law, that is a set of laws regularly created as provided for producing law in general.
To the justice's exercise must therefore exist a code that classifies not allowed behaviors in a certain human community, and a structure that judgmentally translate the dictates of the law in a subsequent prosecution.
The action must be impartial (justice is blind) the same for everyone, and must be proportionate to the offense's potential prejudice, but also inexorable. For these reasons, the goddess of justice is represented as blindfolded woman, holding a drawn sword in his left hand and a balance in his right hand.
Discretionary interpretations and sense of justice: because the law often lends itself to arbitrary interpretation, to complete the institutionalized legal action, which operates with an impositive and codified justice, it is necessary that the court possesses a sense of justice, sometimes called natural because it is considered to be innate, which commits personally to use criteria of honesty, fairness and non-harmfulness of the others, and subsequent behavior.
It is in this sense that justice becomes a moral virtue, that's private and not codified and institutionalized, but that is of enormous axiological value from greek axios (άξιος, valid, worthy) and logia (λογία from λόγος -logos- study), that based on a value choice, whereby one observes behavioral rules that affect himself and others in duties and expectations.In addition to the economic crisis of which Italy shares responsibility only in small part, the Country suffers from a severe political crisis of which instead is fully responsible.
The crisis was caused by those leftists who a few years earlier approved quickly, a few votes, and shots of narrow majority, a 'federalist' law who did most damage than tornadoes, among other things multiplying 20 times the opportunities for corruption and litigation between the country's regions and the state. |
A famous Prosecutor
who got a place in parliament
and made his own political party.(and failed) |
| In such a situations, also due to the fact that it was introduced the obligatory criminal prosecution, which often used as arbitrary choice by prosecutors, the judicial system is forced to a super-work, often hard and meritorious, but unfortunately sometimes spoiled by aspects that have to do few with justice. Why does this happen?
This happens because lack of action's specific requirements
- Italian justice is not blind, but it sees very well because the eyes' bandage often falls off. Without mentioning the type of organization, which is entirely self-referential and has unlimited power, judges have lost their status and sacredness' aura of that once upon a time did surround the entire judicial order.
They gathered in currents with precise political connotations, and sometimes they replaced the parliament in synergy with certain political parties, putting under investigation elected parliamentarians and heads of government. That first happened to the so-called 'First Republic', discrediting and dropping legitimate governments elected by the people, and destroying legitimate politics by too long proceedings.
Even during the Fascist period they had felt the need to separate the judiciary and political action, when trying the 'political' offenses.
They felt the need to establish special courts, with a group of magistrates 'ad hoc', to avoid involving the ordinary courts.
Today instead the goddess' blindfold fell, because it is impossible to think that a judge who's strongly committed in ideological terms can judge impartially, especially if the ideology that he (or she) professes, has the connotations of materialistic religion.
- Both the scales are almost never in equilibrium. The bass drum of mass media, also politically qualified, makes sure that certain prosecutors seeking notoriety and fame, to exploit it and jump into politics, is highlighting incorrectly using the unlimited power given to them by a wrong law.
Not to mention the substantial unity and synergy between the investigating magistrate and the judge, in itself unjust, any means is good: the investigation's notice that should ensure the accused, are used to guilt's prejudgment; It can't be understood where they come from news and phone interceptions that are previously published in newspapers; the defendants are already judged and condemned by the public opinion before they know to be investigated, and they find it out from the press.
In such cases it is clear the shortage, if not the total lack of a sense of justice, called natural as it is considered innate, who commits magistrates to use honesty's criteria, fairness and non-harmfulness of the next.
- The sword of justice no more hits surgically and selective, but most apparently is suffering from laziness. Today, when the italian prisons are overcrowded with precarious and inhuman living conditions, because of that 50% of people awaiting trial for months and months, perhaps it would be helpful to justice, for aspiring prosecutors and judges to experience a few months in prison in disguise, because they could realize how heavy is their personal responsibility. A person is guilty or not guilty. Today in Italy this isn't no more true. Basics of Roman Law are ignored here, because serious and founded evidence is not proof, and the rule "in dubio pro reo" is ignored.
There was a really astonishing and incredible case in which a Premier, then head of the Italian government received a investigation's notice about supposed facts relating to a distant past, preceded and accompanied by a despicable smear campaign. The Prime Minister then was presiding over a meeting of heads of government in Naples. and in that case the fraudolent political interest did cause serious damage to the image and interests of the Country. I fact there was a process, and after years and years the upsaid premier was completely exonerated.
APPENDIX
A queue with recent facts (written in 2015):
the entire world has never seen what I'm telling you here, I think, nor in India or Muammar.
I want to tell you how a former Premier, head of government, has been accused of hundreds of different offenses and tried 60 times during twenty years, from which he emerged again without convictions, except the last one.
Accused of tax fraud for an old budget he had not even signed decades before, he was judged three times for the same offense and twice acquitted.
The third and last time a special court, in an emergency sitting one Sunday, sentenced him on the basis of a law on corruption made in 2012 and retroactively applied, and banned him from public office.
The parliament, mainly made up of former Communists, changed the Parliament rules and expelled him from Senate.
Today still hangs an appeal to the European court of human rights, but for the verdict presumably it will take seven years. So the leftist did delete an uncomfortable opponent.
There's justice in Italy today? Other than Fascism! There's partisan justicialism, and here one do not longer knows nor where is democracy's home, and the real meaning of this word! |
Berto Lunizzi - 2014 |
