domingo, 1 de febrero de 2015

Will It Be Justice?

"Will It Be Justice? Everything they don't teach you in law school." This is the title of a book written by Alejandro Carrió in the early 1990s. Today it is out of print and hard to find, so you need a bit of luck to get a used copy at a bookstore. It is brief and a quick read. Ideal for those who are studying law or have an interest in the legal profession, and above all, as the book itself states, "for a non-lawyer audience." It recounts some adventures from the author's professional life, adding a humorous tone to some real-life situations, as well as others that are both real and hilarious. Nearly twenty years after it was written, some of the characters mentioned in it can still be found today in journalistic articles.

In the Epilogue, almost at the end of the book, one paragraph reads: "It is true that what the judge requested—that Tato Bores be barred from criticizing her on his show—was a clear violation of freedom of the press without prior censorship guaranteed by the Constitution. But asking for things contrary to the law is not uncommon among litigants. What was uncommon, however, was the Judiciary's decision to grant her request, only the judge is not responsible for that."

The book contains a few illustrations among its pages, and explains in a simple and understandable way some issues that seem out of this world to the general public, or at least to anyone outside the legal world. Already in the Proemio (Preface) it says something like: "It is true that in several of my cases, I have preferred that the authorities not discover what my clients had done. The rule—not invented by me, of course—is more or less this: the less right [the client] has, or the more responsible the client is for something bad, the less one should collaborate with the authority to bring what they did to light."

(Originally written on 09-06-2008)


Note on the book's title: 

The phrase "Será Justicia" (literally: "It shall be justice") is one of the most traditional and emblematic formulas in the legal sphere, used primarily in Argentina and other Spanish-speaking countries at the conclusion of judicial filings. 

It serves as a formal courtesy and a mandatory, protocol-based closing for written submissions (such as complaints, responses, or appeals) filed with a court. It is equivalent to saying, "I request that you rule accordingly, so that justice may be served," or "We trust that the court will act correctly." 

It expresses an implicit confidence in the judicial system and in the magistrate’s decision. 

Historical origin: This phrase stems from ancient Roman legal practices and the subsequent evolution of legal prose in Spain (as documented in medieval codes such as Las Siete Partidas). Historically, petitions addressed to monarchs or judges would conclude with solemn invocations, asking that divine grace or justice be manifested on Earth through their rulings. 

The precise translation of "Será Justicia" into English depends on the context; common law legal systems (such as those in the United States or the United Kingdom) do not use a literal translation, but rather their own traditional formulas. 

The most appropriate equivalents, based on usage, are as follows: 
In English-language legal practice, a short phrase like "It will be justice" is not used. Instead, at the end of a complaint or petition (or motion), what is known as a "Prayer for Relief" is employed. Standard formulas include: • "And for such other and further relief as the Court deems just and proper." • "Respectfully submitted." (This is the most common and direct closing used before the signature.)

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