Reactive Law – Guaranteed Failure. A Conceptual Reason: The Exogen and the Endogenous;
We have often seen great debates around justice, but we have not yet seen anyone defend that the problems and the failure of justice as it presents itself today, that is, in our words, Reactive Vertical Justice, can have profound, connected reasons to the conception of the current model.
It is one of those profound reasons, in our view, that we now briefly explain.
Vertical Reactive Justice can never really work, because of the perfectly incoherent positioning – we will say even because of the impossibility of coherent positioning – of the so-called forensic actors. Actors who, being “collateral” to the matter, to the truth, end up distorting it decisively.
The explanation of this conceptual mistake is very simple. Let’s take as an example the Judges and Lawyers: the Lawyer is endogenous to reality, because he contacts directly with it, at least as it is exposed to him by clients, but he has an exogenous position to the judicial process that this reality can generate.
The judge is endogenous to the process, but clearly exogenous to reality, receiving it with dense filters.
Now, obviously, the dynamic movement of both is to counter the above inevitability.
But in order to counteract a dynamic movement, say, natural, it is necessary a dose of extraordinary energy, energy that is not always, we would say almost never, available from any of these “actors”, and when it is, the observed results are clearly superior.
Now, we have the entire Vertical Reactive Justice system dependent on “inevitabilities” like this. And if this system emerged, historically, because it was necessary, or because it revealed itself to be a cultural requirement, nowadays it has to be relegated to the field of exception.
Because, stuck as it is in the foundations of any society, it will always contribute to its malfunction, and not the other way around, no matter how much it mends here and there.