Sunday, 23 October 2016

The Final Position of Power, and why the law continues to fail at creating justice

What is the ‘final position of power’?

I do not defend anybody for attacking another person unless they are being attacked themselves and a form of defence has been determined to be necessary to fight back with. But when the person who ends up with the final amount of control has been established, that person – the person who has all the control – is the person who determines the outcome. This is the person who decides safety or vulnerability, care or abuse, and in some cases life or death. This is what it means to have the 'final position of power' – to determine the outcome.

If you are the person in that position, the one who is able to maintain control over another person, then you are responsible for the outcomes, you are responsible for that person’s welfare, you are responsible for whether that person can at some point move forward into a safe place on their own or not. If you leave them in a place of vulnerability and risk of death, then you are responsible for having done that because you had the control to place them somewhere safer.

When our laws begin acknowledging these positions of power and begin enforcing sentences relating to not taking responsibility, not taking the appropriate steps to help a human being, not attempting to place the not-in-control-person in the safest place possible when the person in the final position of power has the ability to do so, then justice as it is meant to be dealt will bear the fruits of success. Teachers and parents can educate about responsibility with the law actually backing them up, instead of contradicting the messages of responsibility as it currently does.

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