In June of 1492 Antonio de Nebrija entered the chambers of Queen Isabel of Spain and handed her what he called the key to their dreams for a Spanish Empire. It was a weapon. A weapon which had no equal, and it was not made of steel or gunpowder … it was made of paper. It was the first book of grammar.
When handed to her, Queen Isabel famously said that she knew the Spanish language quite well and had no need for such a book. To which Antonio replied, “But Your Highness, language is the greatest tool of empire.” More than 500 years later with 21 Spanish language countries, he was right. Words are powerful, especially when wielded by the law-making dominant elite.
What becomes a problem is when we insist that there is one language in which we can communicate justice. Often, it just so happens to be with the language, or the art, or the culture, or the humour that we inherited and comfortably understand. While there is this one law for all, there are countless ways of understanding it. There are countless images and words and music and culture that serve to tell that justice story whether in Spanish colonies or Aotearoa.
The release of Treaty of Waitangi Principles, Tikanga Concepts and the District Court of New Zealand provides a refreshing opportunity to reflect upon our justice story and where we are headed. Like the first Spanish book of grammar this is a powerful treatise. I know we are all in different places around our own views of this justice system of ours formed from a lifetime of judicial service. So as we read and reflect, can I just say this: may we not just impersonate old versions of ourselves. May we be open to gently walking away from hills on which we have planted flags, but carry with us a compassion for the person we were when we needed to put them there. And let’s talk.
There are other powerful words for our consideration this month, not all of them penned by skilful academics.
In case you hadn’t noticed, everyone is talking about robots. Actually, one robot in particular. Last November, the public was introduced to ChatGPT, and we began to imagine a world in which we all have a brilliant personal assistant, able to write everything from computer code to condolence cards. And this week experts say AI poses the same threat as nuclear wars and pandemics. Our Chief Justice, following wise advice, issued a cautionary interim guidance on AI platforms. This month, JANZ dives into the world of generative AI and the law.
A degree of tension between the government and the judiciary is a sign of a healthy democracy. For the government to seek to control the appointment of judges and try to reduce judicial power is a sign of authoritarianism. Following our international and regional associations, this month JANZ released a statement in support of Israel.
We also note with interest the top reads of the year so far, encourage you to move, and “Wharrt’ss that?” get your hearing checked.
Come back next month when the HAL 9000 computer from Stanley Kubrick’s 2001 — A Space Odyssey will be guest editing as I wing my sad way to the USA.
Enjoy!
Gerard