Last week I went to the ruins of ancient Zapotec capital Monte Alban, just outside of Oaxaca City. Perched on top of a mountain, the ruins are spectacular. While wandering around, I came across the remains of a ball court. The plaque that explained the ball game for tourists such as myself indicated that the Zapotecs used this ball game as a means of conflict resolution. When there was a conflict with a neighboring group, for example, a ball game was convened. The idea was that the right person would win. That the will of the gods would be expressed by who won the game. And that this would be respected as the right outcome to the conflict. (As a side note, the plaque also stated that there is no evidence that the Zapotec ball game resulted in death for the loser, as in some other cultures).
This got me thinking… what would it mean to have a process for addressing conflicts through which the will universe – God – a higher power – energy – love – could flow? So that the right outcome just becomes apparent? So that we could transcend our limitations, biases, and all of the other stuff that interferes with our clarity – to arrive at justice…
Last May I participated in a yoga teacher training taught by Erich Shiffman. He emphasized the importance of meditation in order to tap into yourself, and therefore into the universe. So that if you are “tuned in,” you are not left to figure things out on your own – it is more a matter of letting the universe guide you, and flow through you. At the time, I wrestled with how to incorporate this practice into my work in the Los Angeles court system. I felt uncomfortable with the idea of letting things flow, because I felt like I would be allowing injustice if I didn’t intervene. They way I interpreted this concept into my work-day was to regularly pause, connect, and see what would happen next. But it was hard to let things flow in the midst of such a rigidly constructed, adversarial system.
The U.S. criminal justice system is comprised of such elaborate rules, strict procedures, and decision-making power concentrated in the hands of a few people. It is a system whose structure inherently impedes the flow of energy. I wonder how we could create a process that would be more amenable to being influenced by justice, righteousness, love, God, etc…
Since I have been in Oaxaca, I have been learning about the creation of the state’s juvenile justice system – a process that began only 3 years ago. It is fascinating to observe how systems, procedures, and programs are being designed at such an early stage in the creative process. Most cases in the juvenile justice system in Oaxaca seem to be resolved through restorative justice conferences, where the victim, offender, family members, and other affected community members meet to develop mutually agreeable solutions. This seems to be a process that is more amenable to letting justice flow through.
Of course the lawyer in me also gets nervous about the idea of letting go of procedural safeguards…but that’s a whole other post.
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