Beyond religion - 5. Compassion and the question of justice
The question of justice
- It is possible to introduce compassion in justice? For some the idea of it means allow perpetrators of offenses go unpunished. But compassion do not involve surrender to misdeeds of others. It requires great fortitude and strength of character, as many of the great fighter against injustice of recent times showed (Mandela, Gandhi, Mother Teresa,...)
- So face to injustice, the compassionate attitude is standing up. but non-violently, which instead of a sign of weakness is a sign of courage. In a quarrel, people that know the rightness of their position are more prone to stay calm.
- In some contexts, doing nothing makes you partially responsible of the continuation of the destructive behavior. But the only way to change a person's mind is with concern, not with anger or hatred.
Broad and narrow concepts of justice
- The general principle of justice is the universal precept of fairness and remedy based on recognition of human equality. The application of justice is the exercise of the law within any legal framework. For example in a specific time a legal framework may allow the discrimination of people (based of ethnic origin).
- "When a country's legal system enshrines national unity and social order as its highest priorities, and deems any actions construed as undermining these values as criminal offenses, that legal system will not serve genuine justice."
The role of punishment
- Some people consider that certain offenses deserve provoke suffering to the offender, including death penalty.
- Major religions have idea of remedy or of restoring the balance. Theistic approaches is that of divine judgement, and Buddhists that the law of karma assure we will experience the result of our previous actions. What would be the function of punishment in a secular basis? It is about revenge or preventing future wrongdoing?
- Indeed, punishment has an inevitable and important role to regulate human affairs, to discourage actions and generate security and confidence in law. But discouragement must be proportional. However, this needs limits.
- If we recognize the ability of humans to change, death penalty seems unacceptable. Reacting aggressively to an assault is common to animals and humans, but revenge looks exclusively human.
- Indulging a craving for revenge creates an atmosphere of fear, further resentment, and hatred. By contrast, where there is forgiveness there is a change for peace.
Distinguishing the action from the actor
- All human beings are able to change. People being reckless when young may become responsible and caring when maturing. This applies even for those who have committed the most terrible deeds.
- Therefore rehabilitation education, including meditation training, can help in this process as it happens in some jails.
Altruistic punishment
- Altruistic punishment is theoretical concept of economic research.
- Punishment can be applied in a way which benefits everyone, including wrongdoers themselves. It illustrates that revenge is not necessary, but the correction of the wrongdoing, in everyone's interest.
Forgiveness
- The past is beyond our control. The way we respond to past wrongdoing is not, however.
- Sometimes we behave in a rude or harsh way out of anger and irritation, and later we feel remorse. We naturally forgive ourselves, so we can extend this attitude to others.
- Forgiveness is very much liberating on oneself. Entertaining resentment towards someone destroy our peace of mind.
The scope of ethics
- Ethics as a mechanism to maintain social order will only cover the outward human behavior.
- If it relates only to the impact of actions on others, feelings and intentions behind the actions will be ignored.
- But the very notion of ethics makes no sense without a consideration of motivation. If our motivation is pure, genuinely directed toward the benefit of others, our actions will naturally tend to be ethically sound.
No comments:
Post a Comment