Law is made and interpreted in many ways throughout the courtroom, the provinces, and even the world. It is difficult to say which system is the most effective as they all have their own strengths and weaknesses. Throughout this essay, I will be identifying the keys arguments in Nils Christie’s article “Conflicts as Property,” then comparing it to the court system in Canada. Christie’s article focuses on the idea of how legal professionals are taking other people’s conflicts and altering it to make it fit with our legal system. With this being said, I agree with the points made in Christie’s article.
Part One:
Christie begins his article, by making 3 major observations in a Tanzanian approach to a conflict case. He first notices …show more content…
His first argument expressed the idea that courthouses are difficult to access, are complex and difficult to navigate, while the second point is that the parties in conflict are located at the sides of the courtroom, with the judges and lawyers centre. He also states that conflict is valuable in society. His final argument is that the parties are represented by lawyers, who appropriate their conflicts . Meaning the conflict of the victim is reconstructed to being a conflict of the perpetrator and the state and the lawyers serve to represent the perpetrator, stealing their conflict and making it their …show more content…
There are few courthouses within a large radius, and they are usually located in the centre of the city. For many, it is a very difficult task to not only get to the courthouse, but to find it and the transportation necessary to get there. Since the courthouses are located at the centre of the city, there is usually slim to no parking available. Once the parties have arrived, the next step is to find the room in which they will be present. This is another difficult task in its own. The layout is challenging to understand and difficult to navigate. Having the courts set up this way is a burden and inconvenience to anyone not used to the system. This can add some excess and unnecessary stress upon the individuals. The Canadian Legal System includes many levels of courts, that may be difficult to understand and brings many complications to a case that could be settled with less difficulty such as the Tanzania case. Christie gives an example in his article, of the Tanzania case, identifying it as a “happy happening, fast talking, jokes, smiles, eager attention, not a sentence was to be lost.” By following the example of the Tanzania case, the Canadian courts can be less of a burden and the cause for unnecessary stress and more of a form of conflict