Friday, January 29, 2010

Does Justice Need Justification?This is a featured page

Does Justice Need Justification?This is a featured page


Once, in the midst of an active discussion on work, a colleague, with strong but softened aggression said this to me: “Joy, You do not keep to your word.” I saw immediately that this accusation was grossly generalized, baseless, and totally unrelated to the discussion in which we were engaged together at that time. We were talking about the content of a handbook on ‘justice and peace’ which I am writing. The subject in focus was ‘justice’ in relation to contributing to building and maintaining peace among people. I quickly rose to my personal defense and forgot all about the work for that brief moment. It was important to rise to defend myself against a serious accusation which was thrown upon me. As soon as this was completed, I recall, I moved on to continue the discussion – this with some intervening interjections of apology from the other. Here was a real-life minuscule play of what happens in varied situations, at various levels, between all categories of people, daily, in the world in which we are immersed.

We experience personally and we read or hear about similar smaller or larger variations of grossly generalized, baseless accusations hurled upon not only individual persons, but upon communities of people belonging to other tribes, races, faiths/religions/ideologies, castes, languages and nations. Beginning with such accusations, if not addressed, ammunition hurling grows into violent outbursts and ends with war and devastation of precious resources.

This article builds on the questions I asked myself: Why did the other throw this ugly and demeaning piece of verbal ammunition at me? Was it just? Was justification of 'who I am' necessary on my part? Could peace prevail if I did rise to my own defense? I invite my readers to join with me in thinking out the probable answers. Let us reflect together.

My preliminary assertion is that ‘Interaction with existing realities is indispensable to life and living for all, none excluded. How we interact, is crucial to whether we opt for peace or war.’

Every human interaction with the external realities and realities within oneself, involves a mental dynamic which ends in a personalized perception which gives personalized meaning to what is perceived. This meaning is not always true to what the other means in that particular expression of his thought or the action that he does.

Therefore, in order to move towards understanding the meaning which is hidden behind the other's thought or action, the person needs to hearken to the inner call for a quick observation of related facts, the known background that supports what is understood to be a fact.

It is imperative that any response to what is perceived to be the meaning given be the other, be based on it being verified and validated by way of reason and understanding. This is best done by posing a clarification or seeking a verification or confirmation whether what is understood is right and true. If not done, there is every chance that the interpretation of what is seen or heard be incorrect. Further, the truth is that this same person's word or action, sign or symbol may speak a different word projecting a different meaning another time. It is a person's personal interpretation of what is seen, spoken or heard that is interpreted according to his perception, mental disposition and health condition at that point in time. Should a person be inflicted with inability to see adequately in the dark, a shadow which takes the shape of a snake, will arouse in him all the alertness that stems from fear as it would be in the view of a real snake. If one is faced with a serious threat to his life, any help would be welcome. All choices are hidden behind the one and only grave need at that moment in time. It is the filters of various fears, uncontrolled emotions, the covers of shame, psychological or physical needs, that which offers an immediate sense of security, give colour, shape and form to perception of realities outside and within one's self. It is this personalised perception which formulates the meaning to that which a person encounters and experiences as real, as true. But it may not be so, it may not be the same 'real' or 'true' that the person perceives it to be. This personal interpretation and meaning is subjective. This, as already mentioned above needs to be constantly checked out and evaluated in relation to a broader framework of the rational, universally acceptable, scientifically proven norms for justification of a personalized interpretation of the meaning of a reality to which I relate. It is with this understanding we live in the world, in direct relation to people and things around us.

Why is an ugly and demeaning piece of verbal or any other form of ammunition thrown at others?
This is a question that all would ask sometime. One reason is that the other has perceived our words or action to mean that which was not intended. The meaning which is given to some one's words or action is interpreted by the other according to his interpretation of meaning. This is not always true. It could have been coloured, shaped and formed by his background, learning, culture, ground of development, or his experience of a similar situation in the past. This interpretation therefore caused the person to react. Negative feelings were awakened in him. He got hurt - and sought to express this in a way which he considers justifiable - according to his standards. An eye for an eye, a tooth for a tooth? The second reason could be the learning that the person has received which accounts for such a response. There could be a third reason which is, that violent responses are normal to similar situations that are encountered - the reason which lies embedded deep in the person's subconscious self. 'Why did I react in this manner?' is his question which always never finds the answer. Does hurling verbal or any other ammunition upon the other find a place in the arena of 'justice'? Yes. In self-defense - when one's life in threatened. One's right to life also upholds the dignity and protection of all persons as individuals, also as community within the social, political, cultural parameters of existence.

What is ‘just’?

For some 'an eye for an eye' is an acceptable ideology. If both parties agree and uphold such an ideology, then then a retaliation is imperative, and considered just. More ammunition, stronger than that of the other will ensure greater power to subdue the one who throws the first stone. A hugh fight with heightened states of emotional outbursts could also break into far reaching levels of violence. The outcome, whatever it be will be considered by those who support such an ideology as just and well deserved. In such instances the stake is high where agression and violence and therefore its effect is viewed as just. People are hurt and wounded psycholigically, physcially there is loss of life, valuable possessions, destruction of property and more. Such wars end with declaring one the winner and therefore more powerful than the loser. Both sides have much to lose, more or less. But, if one of the two upholds positive values of justice which promote peace, then retaliation to unjust strikes from the other will be met with non-violent responses. If in such a case, non-violent responses would stem from a person's mental system which knows and believes that his understanding of justice, and the standards, the norms, the weights and measures used by him in regard to justice issues are different. They are according to that person's acceptable system. This is a higher form of justice meeting with unjust aggressive human emotions or uncontrolled words which flow from an unhealed or yet un-integrated self. The higher form of justice has the power and potentiality to neutralize or transform aggression into peace.

Is justification of 'who I am' necessary?

What a person has and is known to himself, forms his identity. There is much much more within any person, which he does not know is there. Should a person not know that she is the only daughter of the most successful and acclaimed richest person in the world, her existing position as a manager of a small business enterprise, her social standing in her village as the head of the woman's organisation, her educational background, achievements, strengths, and also weakness and limitations would conjure up an identity which she would carry. Knowing who she truly is, would change her identity into something different. 'Who am I?' is the question, the answer which draws the formation of a person's identity.

The strength or weakness of a person's self-identity depends on how much the individual knows himself. Self-knowledge! Knowledge of one's strengths and weaknesses depends upon how capable one thinks he is. Capability also is viewed and measured in terms of the different abilities recognized and the strength of capability to use them.

Significant others in childhood play an indispensable role in formation of a persons identity - and this by either actively fostering development of the self or by suppressing, demeaning, discounting the child's capacities of personhood. A thought or a word of a significant other to a person in formative human development works to either make the person - and strengthen the positive elements of the person's self-identity or to break the person by negative perception and therefore stressing on the weaker elements in the person. The latter poses breakers to growth - and prove to sow seeds of self-doubt and feelings of incapability and low self-worth in the growing child. In adulthood, therefore, when self-doubt persists and accompanies a person in even their un-conscious self, the need for justification of 'who I am' becomes imperative.
The need to justify, the call to set right a mis-conceived perception of who I am, by another, will offer peace to the person found in some level of self-doubt or some, however minute level of personal insecurity. A response in self-defense is viewed as a means to being justice to the relationship. The person seeks to be perceived in a way that he perceives himself to be. This is important, and any effort will be made to bring the other who matters to him, to see him as he sees himself to be. Justification of a personal identity is not necessary when personal integration is substantially founded. The strength of an individual lies in his ability to be beaten and still hold his head high. When personal identity is formed and holds together as strong as a rock, ammunition which consciously seeks to break the person will not have its effect. However, the response to the strikes or hit of others - in inter-personal relating, is crucial to whether this rock of personal identity hits back in order to break the other, or stands firm like a beautiful pillar, giving strength, power, shade and support to those who stand by, and are related in interactive relating in some way. Justice in such cases is viewed as giving strengthened support to those who are weak, empowerment to whose in need of developing their capacities and capabilities in order to stand strong on their feet - for sustainable development. Justice is viewed as sharing what one has with those in need. Protecting the rights of the weaker sections of society is a cause that is upheld and actively promoted. The stronger and more power-full do not glory in their strength and power - to prove who they are to themselves or to others. They are sufficiently satisfied, fulfilled, seek no more for themselves. What they have, they give to those who have less. It could be through understanding the other and empathizing with their need to strike others - in order for themselves to feel good. Their own personal unhappiness, their self-perception of being ill-treated, discounted, hurt, suppressed and made to suffer by those who have meted this injustice to them - is viewed as justified if the same treatment is imposed upon others who are weak and subjected to their fragile strength. With such understanding, there is no reason to hit back at those who seek to tear down a reputation which is strong enough to hold even if scratches or small holes are driven into it. The scratches and small holes fired by revengeful ammunition by others will hide or be healed as it is covered up by the indisputable strength of beauty of the fabric of a life that views love in the form of forgiveness, reconciliation and forgetfulness of the others wrongdoings as the key to justice.

Can peace prevail in rising to one's own defense?

The purpose of this article is to help us think our way to understanding the supreme value of justice and its purer form of being, and how the higher and purer forms of justice have a primary and indispensable role in peace-building. These higher forms of justice are 'Divine Justice' in that they hold a transcendent element of faith and trust, which proceeds from true love. Such justice envelops within itself - tolerance, non-aggression, non-violence, forgiveness, reconciliation and conciliatory interventions, forgetfulness, corrective and healing procedures. We have now reached a point of understanding that (1) all people are in the continued state of personal development. Development is the process of formation of one's personality into a unified whole, involving integrating of positive thought towards forming a pool of mind-strength which is unshakable even at times when negative forces work to hurt, break and even kill the person. (2) The process of personal integral development works hand in hand with the development of a personally known and acknowledge self-identity which stands firm and needs no justification - in the light of the ultimate reality of divine justice. Human justice will end with the law. Divine justice is self-less, unconditional love for all. It covers up the faults of others. It forgives wrong doing. Such justice which lives in love reaches out to those who are weak, poor, in need of supportive understanding for their negative and violently hurtful givings. (4) An integrated person is on the side of the powerless and the voiceless. They work to heal and restore the dignity of those who are innocent victims of injustice. In such reaching out to others in need of help and support, one forgets about one's own needs.
Divine Justice as love, embodies forgetfulness of one's self. One's self-defense is strengthened by the power of strength of those who are weak and innocent victims of oppressive greed and blind suppression of the voiceless by those who are powerful. The strength is in the cause.
In the case stated at the beginning of this article, divine justice calls for understanding of the other's meaning and recognition of the poor state of perception of the reality of who I am. While such uncalled for judgment serves to strengthen the other's sense of self-worth - by re-enforcing self-belief and eliminating self-doubt to some extent, justification in self-defense does have a place in the transaction, if it will settle any unsettled score which lives in the mind of the other. It such an action on the part of the other will help him find peace, the same action should not, in anyway destroy peace in the mind of the one upon whom the strike is aimed. If peace is destroyed in this other, then justification may be necessary, and the way of confusion cleared - so that peace between the two person will be restored. Justice must work for peace. If peace is destroyed, then that which is viewed as just is not within the realm of justice. It is aggression and violence that creates unjust structures for self-seeking opportunities for power and selfish gain. Such justice will die with itself. Justice that works for equal rights and opportunities for all, for empowering those who are incapacitated, knitting the bridge of harmony upon gaps which are otherwise un-unifyable, then it is the defense of the other that counts.
However, it must always be remembered that it is not possible to give to another what one does not have. Because one has, one gives. In giving, more is poured into the same hands that give. Both the giver and the receiver receive. Together they receive, together they celebrate abundance. The stream must flow! Justice is the way to Eternal Abundance, only if it is born in and nurtured by true love!

Where is the source of Justice?

As a Christian, I believe that the Source is God in Christ Jesus, for all. The Source is available to all who believe. The Son of Justice not only is the way to Divine Justice, but works for and on behalf of the poor, the oppressed, those who are weak and voiceless. For these, as for all, it is necessary to believe, and call upon His name. Then Christ will come and liberate His own. There will be no need for justification of personal identity, but only celebration of life - now, in peace, forever. Justice demands that all people be free to believe what they wish. All people have the right to choose their religion, or even not to believe in religion. While I enjoy such freedom, I write what I believe, but do not force or coerce others to believe what I do.
As a Christian, my Christian faith moves me to beyond any discriminating discipline or parochial boundary, in my personal efffort to draw from 'divine justice' and allow this to positively affect its relation to human justice – for all people in the world. By 'divine justice', I am mean ‘justice’ which is goes beyond the law, any human-made law. Such laws offer the possibility of being able to weigh varifyable, specific attributes against the related situation that seeks justice, on two sides or the scale. An equal balance is thought to determine justice. An unequal balance calls for setting the weights of responsibility of the individual or community concerned against the law – towards an equal balance. All people and communities seek justice, but are not able to attain such justice on their own. Very often people need help. It is here where the ‘helping other’ reaches out a hand to bring the situation – big or small to justice.
Those who help others are ‘people-helpers’. They are socially concerned, they are sensitive to and feel with the suffering of those who are treated unjustly. Such people carry in themselves empathy and compassion, which moves them to act in order to ease the pain and suffering imposed upon their neighbor as unjust treatment meted out to them by stronger and self-seeking elements of society. These attributes, these qualities of people-helpers that spur them on to action in defense of their neighbor’s rights, are they not variations and varied expressions of true love and unconditional loving? It is true that the poor and oppressed weaker sections of society need the helping hand of dedicated ‘people helpers’ who transcend their own cherished faith, caste, tribe or race. Can such persons be repaid for the help rendered? No. While some are paid monetory compensation for such labour, true and sustained help which is rendered with or without seeking compensatory benefits for such service is of hightest value. Such freely given help - can we not describe this as 'unconditional love' (to what ever height of purity it holds)? Such reach-out, such help rendered to the other or to a needy community - that which goes beyond the limits of particular and personally cherished faiths and beliefs, is this not a way to living a higher level of purification of that which we term as 'justice'?
All people – all of humanity – by virtue of belonging to the one human family are endowed with this gift and ability to reach out to their neighbor in need – to help restore to them the dignity shared equally by all of humankind This inner quality, this rock of being, the divine love of friendship that lives in each persons works unconditionally, against all odds, not seeking the cost – to bring justice to those who seek justice. It is here that what we are referring to as ‘divine justice’ acts to purify, empower and free basic human justice from the clutches of divisions based on status, education, positions in society, roles, nationality, caste, tribe, color, race and religion.
The Source of divine justice is love, which lives within each person’s self. It is necessary to recognize it in any effort to alleviate the suffering of our neighbor and reach out unconditionally to help him or his community in need of justice. Justice works for justice. Divine Justice constantly works to transform, empowers, purifies the quality of justice that lives within oneself. The stream of justice that flows from a heart will be purer each day. Its power and potentiality will quench the thirst for justice of more people, more effectively – as we continue to work tirelessly and selflessly to restore justice to those in need around us.
After all, the title question still awaits an answer! Does justice needs justification? Yes. What is human needs justification. What is divine justifices the human. Humanity, to the extent that it is governed by mere human justice will experience the pain of unfulfillment. Caps of human error, incapacities, limitations will open up for addressal Justice will therefore remain within the boundaries of the human - rational, socio-economic, politico-demographic, cultural, moral and legal areas of life and living. All that is purely human finds fulfillment and completion in the Divine. Love is this saving gift of grace which completes what is lacking, fulfills what humanity longs for, transforms as it transcends the limits of human justice. Such justification of human justice is found in the One who is the Principal Source of Love, hidden and alive in each and all persons alike. The Source is within! See It! Recognise it! The stream will never stop flowing!

- Joy Anne Gonsalves; 26th January 2010;

नोट: उपरोक्त विचार लेखिका के अपने हैं इनसे सहमती असहमति हो सकती हैं आप अपने सुझाव हमें भेज सकते हैं..

No comments: