I will support and prove this with my following contentions which are: First, Truth is the only means of justice, second, If truth seeking does not take precedence over privileged communication, then in most cases total justice is unobtainable, and last, privileged communication is a form of censorship which has the potential to censor potentially harmful information from the community
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I will start with my first contention, which is that truth is the only means of achieving justice. This is so because without the entire truth, the information required to make a reasonable decision supporting justice is incomplete, therefore leading to an uneducated decision making process in which puts something or someone in an unfair position. Aristotle once said that justice "consists in treating equals equally and unequals unequally but in proportion to their relevances."" And in order to treat someone as an equal or unequal you must know the truth of their equality or inequality. This alone is more important than any privileged communication because with the privileged communication there is information withheld from the decision making process of the person within the US judicial system therefore forcing a decision based on what is given rather than what is whole and true and just. According to Lectric Law Library's Lexicon on Privileged Communication, the law allows certain people to refuse to disclose information contained in certain conversations or writings. Communications between an attorney and client, husband and wife, clergyperson and penitent, and doctor and patient are all currently privileged. This literally means that there is truth to be found but it is being purposely withheld for the good of the relationships between these people. This could possibly mean the difference between an innocent person being unrightfully punished or being justly left alone but the people in these privileged relationships believe their own friendships and trust bonds are more important than the justice and safety within the whole society.