The Mindfulness Memo

In the law, the term “Justice” looms large. It forms the bedrock of our legal system – perhaps even of society. The concept of “Justice” may have played a role in your decision to attend law school and to become a lawyer. In this month’s Mindfulness Memo, we’ll explore how a mindful sense of “justice” can offer you insights for optimizing desirable outcomes in your life and the law.

Resisting the Unpleasant

Have you ever been upset or frustrated over something that happened that wasn’t what you wanted? Perhaps you received a lower grade than you had expected. Or maybe it was something someone told you that you didn’t want to hear. We have a tendency to resist things that are contrary to what we want or expect. While things not going according to plan may signal an injustice, the agitation we feel can disrupt our capacity to act in a way that serves justice.

Impediments to Seeking Justice

One of the challenges to bringing about justice is being able to see clearly the context in which injustices reside. That context consists of information about events that have come and gone – what we refer to as the “past.” But often, we get stuck in these events, resisting them. When this occurs, it can be challenging to clearly perceive the present moment. And, it can be difficult to lay the groundwork for a more just future. This is the case both with the major issues of our times, and also of the moment-to-moment experiences of our daily lives.

Mindful awareness clarifies this context so that we can learn from the past and appreciate its informational value but not have it cloud our view of the present moment. Mindfulness helps us notice occasions when the mind is resisting something undesirable, becomes distracted, and begins generating mental chatter.

Past Mindfulness Memo’s have looked at ways to transform challenging moments when they arise and move to a state of equanimity and balance. Today we’ll go deeper and explore how to shift our perceptions so that we may more spontaneously respond mindfully to life events, creating fewer “obstacles” out of life’s challenges as we sense its plentiful opportunities.

Jurisight, Justice and “Just Is”

In the language of “Jurisight,” the term “Justice” becomes “Just Is,” as a reminder that to notice what “Just Is,” is to align oneself with the natural flow of life – the arising and passing away of things that we desire along with those that we do not. The challenge is learning how to notice what “Just Is,” when our protective ego is eager to interpret and define it for us. You see, “Just Is” is an experience, not a thought. That is why when we deeply appreciate the “Just Is” nature of life, we become more at ease with what arises, even when it is not what we want.

It “Just Is” an Event

Last semester during a Jurisight for 1L Students class, a student shared how worried she was about her upcoming performance on exams. Another student told me of the distress he had felt the day before when a classmate turned to another student to pair up on an in-class assignment. Arriving late to class one afternoon, a student complained about the outrageous traffic. This semester a student commented on the resentment he felt when his girlfriend resurrected an old complaint to defend her actions. Another shared how annoyed she was when a roommate ate her food. I’ve rarely heard a complaint that an entire class could not relate to in one form or another. Notice how each situation involved an unwanted external event and an internal reaction to that event.

In class, we discuss how these situations create thoughts and feelings that can lead to overreactions that further exacerbate these situations. This happens in traffic, in class, at home, and, just as frequently, at the negotiation table and in court. The mindfulness insight is that all these uncomfortable thoughts, feelings, and over-reactions surface because we are resisting something. And that something is nothing more than one of life’s “events” Something happened or someone said something that we simply didn’t want to happen or hear. A car is going slow. A roommate ate your food. An exam is on the horizon. And with the event, a reaction: frustration, anger, fear – itself a momentary event.

Rather than experience these moments as something that “just isn’t” what you wanted – which ultimate is not only futile but complete at odds with reality – recognize them for what they are – an event that “just is.” As you begin to shift your perspective in this regard, you will find yourself having an easier time, as if dropping a weight that need never have been carried. With this mental load lightened, you will be better prepared to effectively respond to the situation. The key is to seek “Just Is.”

Seeking “Just Is”

As with many mindfulness insights, things that sound good and make sense can be challenging to implement. This is because thinking something doesn’t make it so. You know this from all the times you “knew” there was nothing you could do about a situation but still you were rattled and reactive.

To come to deeply appreciate the “just is” nature of life, it is helpful to practice noticing the world as it “just is.” In the Jurisight classes, we practice a series of these. As one example of how to do this, take a moment, bring awareness to your breath, and notice what “just is” happening in the moment. The students talking that “just is.” The person walking that “just is.” The tree swaying that “just is.” The car honking that “just is.” Your heart beating that “just is.” It is one thing to have all these things happening around and inside you. It is another to mindfully attend to them with “just is” awareness. No thought. No analysis. No judgment. Just is. You see there is no judgment in justice – just wisdom.

A “Just Is” Exercise

Choosing to shift your perspective to notice what “just is,” you transform how you relate to the moment. You may find it exciting, even joyful, to notice what “just is” with your senses. It is a way of “coming to your senses” when you might otherwise be reacting too quickly or could use a few moments to pause and reflect. The following exercise can help you cultivate “just is” awareness throughout the day without having to create extra time for doing so.

And “Just Is” for All

The Pledge of Allegiance is familiar to many. It is recited in schools throughout the United States and has been for a very long time. As a law student, it may have been years since you last recited it. Whether familiar or new to you, consider how it or some variation might serve as a mindfulness cue to remind you experience life as it “just is.” Here are two ways to do so.

Take a moment during the day, place your hand on your heart, or let it rest on your belly, and recite the Pledge of Allegiance. Do so out loud, softly, or to yourself. As an alternative, recite the pledge while you are washing your hands. As you reach the end of the verse and reach the phrase “and justice for all” pause, take a breath, and notice what “just is” in that moment.

You’ll find that this simple practice can powerfully shift your relationship to the moment and offer you an opportunity to see more clearly what is actually taking place in your life. Practicing it will provide you with a greater sense of balance, perspective, resilience, and enhance your natural gifts to bring about a better next moment and world.