Friday, September 12, 2008 Vigilantism: Society on trial By GH Arinday Jr. Sunfare
IN THE wake of ill-perceived breakdown of law and order and other reasons derogative of the wheels of justice, vigilantism would likely surface. In some sense, this phenomenon of driving some individuals to constitute themselves as an "extrajudicial jury" is an indictment against societal inadequacies to cope up on its ordained duties to help the machineries of justice to function smoothly.
The reported victims of vigilantes, which has awakened our authorities including church authorities, is such that security agencies concerned would have to take cognizance of the juristic thought known as the "functional jurisprudence" or the limited "sociology of the law" which sets aside the ethical demands but considers the interest observed by society "even when they are not recognized by the government."
This kind of thought posited by philosopher-theorist Eugene Eurlich was deplored by positivist Gustav Radbruch and R. Glerks as debasement of the law and "absolutely wicked."
Further, the principle that all times "the center of gravity of legal development lies not in legislation, nor in juristic science, nor in juridical decisions but on the "interests" observed by society". Incidentally, this legal perspective gave on easy path and convenience to the establishment of totalitarianism.
Briefly stated, vigilantism goes against the grains of democratic processes.
However, there was a time in the mid-nineteenth century when the pioneers in United States were pushing Westward and before some kind of governance was formed that the vigilantes were organized as a "committee" to protect the settler from the roaming brigands and other social lepers.
The notoriety of its kind took place during the gold rush in California sometime in the 1850's from where the nomenclature Barbary Coast was minted when the vigilantes were organized in San Francisco in 1851 and reactivated in 1856 to deal extra-legal measures against all types of gangsterism. The operation was named after the frequency of piracy in the sea lanes of northern Africa, which is being replicated today by the buccaneers in the same vicinity.
The recognition of social interests is foremost under all forms of legal perspectives or philosophy but under certain circumstances, the resurgence of extra-legal "remedies" are resorted to when apathy coupled with slowness of the judicial machineries, let alone corruption, taxes the patience of society.
It cannot be denied that under contemporary observable facts, there is an enormous cry of "human wants, claims and demands and the limited means of satisfying them." On the other hand, the citizenry also wants of civic moral strength, which must compliment their demands for state protection.
Vigilantism puts society on trial together with the governing authorities mandated to enforce the laws with efficient speed. The vigilance of the citizens is also a must factor in accomplishing such duties and obligations as sovereign in a democratic setting.
Organized crime is a reality, fostered and protected by those leisurely walking in the corridors of power.
An agitated civic-conscious citizen cannot always hold on his patience. An intelligent mind can bring light even from the farthest stars but the heart is still darkened when criminality shrouds serenity.
Such oft-repeated phrase that vigilance is the eternal price of liberty seems to have vanished in misty gloom among us. Give it to rugged individualism or apathy, which has fathered the gross and mean indifference.
Lawlessness, either committed by those in rags or in sartorial elegance, must be treated with vigor application of the law. The vigilantes or the "death squads" definitely absent of the nobility of their acts cannot be excused by reason of the slow motion of the wheels of justice. Impatience to exact a "pound of flesh" from the felons would be the last societal action when there is the total breakdown of the justice machinery.
No less than the eminent late Associate Justice J.B.L Reyes took cognizance of at least four aspects or forms of this social interest in "Republic of the Philippines vs Baylosis [96 Phil.461,[1955] citing the minimum of public safety, public comfort public peace, and public order and when these are not present, "the assertive tendencies of individuals to secure protection and dominance for their private interests will remain unchecked, and the result is the breakdown of law and order or pain lawliness.
We have now a sketch of what is vigilantism is all about. Or the causes of such unwanted environment.
