[月與夜隨筆] When judiciary applies to the reality.
//It simply doesn’t work out. There’s no jury, no check and balance and no procedures. Not every lay person carries a fair libra in their daily life.//
As a law student, we look at both the defendant’s mens rea and actus reus at the moment of committing the crime. In the English law system, mens rea seems to be way more important than what actually done by the defendant as we often decide whether the defendant is doing the act in bona fide or mala fide. Also, we believe that a defendant is not guilty until proved beyond reasonable doubt.
Though we understand that whether the act was done negligently or intentionally, it would still be regarded as committing the crime. It is just that negligently is less culpable as intentionally does. Moreover, the judge would take their time to look at different shreds of evidence and letters of mitigation before making the verdict, hoping to best conclude the case.
This is how the judiciary goes, but not in the reality, especially when we discuss romantic relationships.
The judiciary went through this process no matter how long it takes because they have to ensure the fairness and legitimacy of the judiciary system. However, when we come down to ‘breaking up’ and blaming your partner, it is always being dictated. They start with their angle of view, judging you with their own ruler, regardless what do you actually mean when doing the so-called wrong act.
No defence, no mitigation, no arbitration before he makes an ultimate verdict on your relationship.
The verdict, which would only be either ‘no’ or ‘we could not be together again’, would be made by the one who holds the upper hand. Do not try to appeal, cause he does not want to spend time on any further hearings after a verdict was made and the judgement was written.
It was kind of disappointing when you finally realize that you should not be the only defendant in the case days after the verdict was being made by him, the unilateral repudiation of contract – breaking up. You will not be able to submit any writ of summons to claim, and there will never be a CPD that you could prosecute him for his wrongdoings from.
Talking about the recovery from breakups, from the view of civil law, when that contract was being repudiated, there could be no remedies claimed. The only possible remedy is rescission, which you could take your time and pretend to be nothing happened and restore everything as before.
This case would be closed no matter how many grounds of appeal you could actually brainstorm. When he tries to be unfair to you, that actually means his affection towards you faded miserably. Never beg him for another chance, but grasps the opportunity to live a new life without him.