THE LAW, COMMON SENSE AND WISDOM
There is a difference between technical legal knowledge and wisdom (Justice Senyo Dzamefe, 2014). Having observed the practice of law by lawyers in the courtroom, read judgments of judges, listened to discussions of some lawyers, both on legal issues and non-legal national issues, I cannot agree more with Justice Senyo Dzamefe and have come to the conclusion that the practice of law is really 20 per cent legal knowledge and 80 per cent common sense and wisdom. There is a nexus between knowing the law, common sense and wisdom with the delivery of justice. Justice in law, at times, is not necessarily about the truth though it could be coincidentally arrived at. It is based on the pleadings, evidence and arguments made by lawyers through common sense and wisdom in both the substantive and procedural aspects of the law, based on which the courts will deliver judgments as justice according to the law but not necessarily the truth. Understanding the facts of a case presented by a c...