What do the Faiths teach about Justice?
A Compilation of Papers presented at the Forum of Faiths Meeting
in the new Crown Courts, Russell Road, Ipswich on Thursday 23 September
Contributors
Dr Sushil Soni – Hindu
Robin Herne – Pagan
Adrianus van Helvert – Buddhist
Rabbi Joshua Narrowe – Jewish
Chris Yule – Christian
Mojlum Khan – Muslim
Prabjot Kaur – Sikh
Nazila Ghanea-Hercock – Baha’i
Margaret Nelson – Humanist
EDITORIAL NOTE
The following articles formed the basis of the introductory talks
on justice delivered on Thursday 23rd September 2004 in the new
Crown Courts, Ipswich. In some cases
shorter versions were delivered, while others were elaborated on the
night. The Sikh article has
subsequently been extended in response to a request for more information.
Our intention was for the speakers to open a discussion on this
important subject in the hope that others would want to add their contributions
to an ongoing dialogue between the faiths on this important and relevant
topic. We will be arranging other
opportunities for this to happen, so please keep in touch (www.sifre.org.uk)
We are very grateful to the Crown Prosecution Service for making
their facilities available and for supporting the event.
We are also grateful to the speakers for setting the scene and for
their openness to each other. As Mojlum
Khan said, at the end of his presentation:
“We live in difficult times and unless we learn from each other and help
each other we are likely to make things worse.”
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HINDUISM AS A FAITH,
AND JUSTICE.
Hinduism as a faith is a vast subject, and what it says about
justice is also an important aspect of it.
The Oxford Concise Dictionary and the Every Day English Concise Dictionary
define justice as “Just treatment, fairness, impartiality, rectitude and the
quality of being just”.
Now how does this definition fit into Hinduism? It is not difficult to find in the holy
texts. In the Bhagvat Gita, the Hindu
holy book, in Ch. 4, verses 7 & 8, Lord Krishna says to Arjuna:
Yda Yda Hi
Dharmasya, Gilani Bharvati Bharat
Abhyu Thanam Dharmasya, Tadata Manam Sarjya Mayahamam;
Paritrayamam Sadhunam, Vinashaya Cha Dushkratam
Dharam Sansthapana Tharya, Sanbhvaami Yuge Yuge.
Hey Arjuna, whenever righteousness is on the decline, and
unrighteousness is in the ascendant, then I body myself forth, for the
protection of the virtuous; for the extirpation of evil- doers; and for
establishing Dharam (righteousness) on firm footing; I am born from Age to Age.
Here it will be noted that it is in the word ‘Dharam’, or
‘righteousness’, that the meaning of justice is found. From time to time Hindu sages have written
commentaries on all aspects of life within the community for the benefit of
society, based on the concept of Dharam.
Kautilya, also known in Hindu literature as Chanakya, a shrewd
politician, wrote Artha Shastra, describing how a king should rule his
kingdom, and give justice to his subjects, and how to deal with his enemies and
to protect his kingdom and his subjects.
His treatise also describes the economy of earning a livelihood and
leading a successful and prosperous family life. Kautilya was the Prime Minister of Chandra Gupta Maurya, who
ruled India in 325BC.
Even before Kautilya, the sage Manu wrote Dharam Shastra,
in which he described, how all members within the family unit, community and
within the kingdom at large, live according to their varnas (caste) and jati
(profession). It describes the duties
of each caste, i.e. of Brahamans, Khsatriyas, Vaishyas and Shudras. He also wrote a treatise on the provision of
justice called Nayaya Shastra.
In this, Manu describes how a king or his ministers should provide
justice to their subjects. It deals
with civil and criminal justice according to the Hindu principle of
Dharam. It also deals with the
relationship between man and woman, husband and wife; treatment towards
children; and the individual duties owed to friends, brothers, sisters, parents,
teachers, gurus, as well as the king and his ministers.
The Hindu epics, the Mahabharat and the Ramayana
are very clear on how the Hindu faith should be implemented, according to
Dharam, or righteousness. The Mahabharat
is the story of King Bharat, whose descendants the Kauravs and the Pandavs,
cousins, fought a war of righteousness, in which the Kauravs, who were
unwilling to accept the right of their cousins Pandavs, were defeated. It is here in the battlefield of
Kureckshetra, about 50 miles north of Delhi, that Lord Krishna recited the Bhagvat
Gita to Arjuna, the Pandav warrior, and advised him to carry out his duties
and actions according to his Kshatriya (or warrior caste) Dharam. Krishna revealed to Arjuna that divine
justice takes precedence over human morality and that humans are not be able to
see the total picture and their choice is therefore fallible.
Kurackshetra is described in Bhagvat Gita as the
battlefield of Dharam. Straight from
the teachings to Arjuna are the words: it is better to perform your own Dharam
imperfectively than another’s well.
This is what Lord Krishna described as “Sva Dharam”.
Shreyans
Sarva Dharmaha Vigunah, Pardharamastava Nishthitat
Sva Dharma Nidhanam Shreyah,
Pardharamah Bhaya Vaha
It is better to die doing one’s own Dharam, even if of poor
quality, than to do another’s well. (the Bhagvat Gita, Ch. 3, verse 35).
In Hindu society, importance is given to
knowledge and to Dharam, since knowledge and actions go hand in hand according
to Dharam.
In the Ramayana, which contains the lifestory of Lord Rama
and his wife Sita, Lord Rama is described as an ideal son, husband, brother and
ruler, who ruled his kingdom according to the wishes of His people, and
provided justice to everyone according to Dharam. Sita is described as an ideal wife, sister-in-law and mother. Her forceful kidnapping by deception was an
evil act on the part of Ravana, the king of Sri Lanka. But Sita never surrendered to him; neither
did Ravana force her to marry him against her wishes. Though an evil person, Ravana was also learned. The story ends with the victory of good over
evil. That is why still now Indians
regard Lord Rama’s rule of Ayodhya as the “Ram Rajya,” when people were happy
and contented, and where truth prevailed.
The Hindu faith does not believe in tit for tat – ie to give
punishment to person according to his crime.
Forgiveness and the reform of criminals is part of the Hindu faith. We all are children of God, and we are also
fallible, and therefore from time to time may commit minor or big mistakes, and
so ask for forgiveness or accept the punishment as part of our bad action. It has always been our prayer to Almighty
God to give us such knowledge, that we do good actions and be always willing to
forgive those who have done wrong intentionally or unintentionally. There is a famous song from the
internationally acclaimed Indian film Do Aankhe Barah Haadh (Two eyes
and twelve hands) which deals with prison reforms around the story of a jailer
and his six criminals.
Ae Malik Tere Bande Hum – Aise Ho Hamare Karam
Neki Par Chale Aur Badi Se Bache – Ta ke haste Hue Nikle Dum
Oh God We are your children – Bless us with such tasks, that we
do always good and keep away from bad actions – so that when we die, we have a
smile on our face.
The Hindu faith advises that justice should be meted out to
evil-doers according to Dharam, not forgetting forgiveness, and the appropriate
punishment should be administered according to their actions. Additionally, support should be given to the
victims of crime, through charity, help and counselling. To live in an ideal world would mean the
total renunciation of prohibited acts of violence, untruth, and of depriving
others of their rights, because of one’s selfish motives. But we are not living in an ideal world, and
that is why God has enunciated Dharam or righteousness, so that we are able to
live in a secure and safe world with happiness and contentedness.
Sushil Soni 2004
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PAGAN JUSTICE
In law courts across the world statues can be seen of a woman
holding scales and wielding a sword.
This is the Greek goddess Themis, who continues still to rally her
devotees to the cause of justice, as she did in the ancient world.
For the Egyptians, the goddess Ma'at also bore a set of scales in
which truth could be weighed. For
ancient and modern Kemetics, the harmony and order of Ma'at governs the
universe, and both Gods and men bow to her.
The power of Ma'at is not simply a matter of obeying rules, but of
righteous living in balance and peace with the whole world – the living, the
dead, animals, plants, the environment, the Gods themselves.
Given that women were not even allowed to sit on juries until comparatively
recently, it may seem ironic to many that the West has continued to view
justice as female long after turning away from the old goddesses.
The term paganism covers a number of different religions, and
each have their own ideas as to what actions constitute a crime, and how best
to punish them. Some pagan cultures are
quite liberal, others draconian.
The early Celtic and Germanic tribes laid a heavy emphasis upon
restorative justice, and the modern followers of their religions continue to do
so. The Brehon law courts of early
Ireland viewed crime as an attempt to forcibly take something from a third
party. An aggressor might rob someone
of their property, their good name, their health or their life. One of the duties of the judge was to allot
a monetary value to that which had been taken, and order the criminal to pay
this back along with a compensation to others affected.
Seeing a burglar imprisoned may give some satisfaction, but it
still does not replace one’s missing goods.
For both ancient and modern druids, it is important that the victims
should have some amends made to them by the criminal. This is a system that British law is gradually beginning to turn
back to, though too often any compensation comes out of the public purse and
not from the villain in question.
This principle may be applied to all areas of life. Justice is not simply something doled out in
a courtroom – it is about how we treat each other on a daily basis; about how
our shopping choices affect the people who manufacture the goods we buy; about
how our actions impact upon the earth and all her creatures; about how we thank
our Gods for their generosity; about how we honour the memory of the dead.
It is unethical to take something without consent and, where we
do, we should look to pay back with compensation: chop down one tree, plant
three in its stead.
In ancient times it was the duty of every great warrior to
protect the weak. It was the duty of
every citizen of the tribe to bring pressure to bear upon the guilty, to force
them to pay their dues. The Celts
provided a number of social mechanisms for this, such as the troscad or
hunger-strike. Most of these forms are
no longer viable in the 21st century, but it is cheering to see ever-growing
numbers of people from all walks of life that are prepared to become agents for
justice – be it writing letters of protest, going on marches, shopping
ethically, or using any of a dozen other non-violent means. The more that ordinary people are willing to
take responsibility for justice, the better our collective futures look.
Unfortunately, rallying to a cause for social justice can, too
often, mask a myriad of motives. Too
many people enjoy fury for its own sake, and fuel fires of supposed outrage
which they have no intention of ever quenching.
Feuds must ultimately end in the acceptance of justice by both
parties, not just the captured miscreant.
Greek myth gives us the example of Orestes, who killed his own mother in
reprise for her murder of his father.
The Furies pursued him for this terrible act of kin-slaying, till at
last the wise goddess Athena, sustainer of civic order, judged him to have
suffered enough under their yoke.
Orestes was washed clean of the blood on his hands, and the Furies
retired, satisfied.
At some stage the victims of injustice, and their defenders, must
draw a line under the crime and move on.
The perpetrators must be allowed to begin life afresh, their deed paid
for. Otherwise the feuds become
unending, and the shadows cast by the first act deepen until we are all
wandering in the night.
Beannachd Diathan leat.
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WHAT DOES BUDDHISM TEACH ABOUT
JUSTICE?
Thank you for
inviting me to take part in this dialogue. I will briefly talk about:
i) The importance of having a profound
philosophy of life
ii) The heart of Buddhism and what this
means for a justice system
iii) Wider political issues, conscience and
civil disobedience
1) Let’s converse in ‘The Speech of the
Wise’
“Your majesty, if you are prepared to debate
in the Speech of the Wise I shall debate with you. But if you wish to debate in
the Speech of Kings I shall decline … In the Speech of the Wise the parties never
become angry over explanations, interpretations, criticisms or revisions in the
course of debate … By contrast in the Speech of Kings they insist that only one
view prevails. If one refuses to go along with this they declare ‘Punish this
person’” (1)
This was a learned Buddhist monk’s
reply when asked in the 2nd century BCE by a king well versed in
Greek philosophy, to debate with him. My intention today is to converse with
you in the Speech of the Wise (though my children would tell you that I am not
averse to using the Speech of Kings on occasion!).
The Speech of the Wise emphasises
the basic equality of all, regardless of social position and knowledge, and it
challenges us not to take offence at the views and opinions of others.
2) Why is a profound philosophy / religion
important?
“Unless each of us has a steadfast
unshakeable philosophy – something that we remain true to throughout our lives
– unless we are grounded in that firm and solid earth, our lives will be as
aimless and drifting as rootless plants floating in a stream. Standards of
integrity and character are compromised or lost; the public discourse
degenerates into mindless parroting of empty platitudes, art becomes effete and
malnourished and government declines into mere expediency and sham.” (2)
Everybody has a philosophy of life
(ideas about the world, how it works and what’s important) and an ‘object of
worship’ – the thing in life that’s most important to them – it could be a
lover, their car, their football team, God or whatever. These are not set in
stone but can change overtime. The above quote arguably sums up the problem of
the world we live in. The injustice that we see is a symptom of the lack of a
steadfast, unshakeable and profound philosophy in the lives of the majority of
people.
The great religions and traditions
of our human family have reflected our struggles to understand our past and
guide our present behaviour and our steps into the future. Which of these
teachings can best lead us toward a future of peace, justice and harmony with
all life? Which beliefs have proved dysfunctional and need to be discarded as
we proceed on our journey?
My journey in finding answers to
these questions began on 30th June 1972 when my ‘object of worship’
– my father; died of Coronary Heart Disease. I was just 11 yrs old. This
brought home to me the reality of what Buddhism calls the four sufferings
(birth, aging, sickness and death). Any profound religion / philosophy must
grapple with this issue – first learn about death, then learn about other
matters. We must live with the fact that we will die and consider how death
means we should live. It has been said that ours is a culture that is in denial
about death.
My journey was influenced by a sense
of ‘global citizenship’ (on account of my mixed Ipswichian / Dutch / Creole
heritage), my father’s experiences of the horrors of war (which had left him
physically and mentally scarred) and the racism he experienced to some extent
as an immigrant. From 1972 to 1992 my search took me to Socialism, Quakerism,
Anglicanism and Environmentalism before I found a philosophy and practice that
fully answered my questions in Nichiren Buddhism. We are chanting rather than
meditating Buddhists – our mantra is Nam myoho renge kyo (3).
I’m sure the panel of speakers we
have here today will provide a good cross section of views from various
religious traditions but we must remember that there are a great variety of
religions / philosophies. Tony Blair could not speak on behalf of all Christians
(on e.g. the concept of a just war) and I cannot stand here today and talk on
behalf of all Buddhists. I can however share with you my thoughts as a
practitioner of Nichiren Buddhism for 12 yrs now, and as a leader of those
practising in Suffolk and North Essex. Much of what I say may resonate with
many other Buddhists of other traditions and even non-Buddhists.
I am inspired greatly in my thoughts
by my mentor, Daisaku Ikeda, president of the SGI, the lay Buddhist society of
which I am a member. He is not well known in this country (though one of his
100 honorary doctorates from around the world was conferred by Glasgow
University), but in SE Asia in particular his tireless work over the last 50
yrs as a peace activist and educationalist (as well as a leader of our Buddhist
movement) is well known. He is honoured in the naming of the Gandhi / King /
Ikeda award which is conferred each year by Morehouse College (the college
attended by Martin Luther King) on someone who has worked in difficult political
circumstances to create a sense of community across sectarian divides.
3) Everyone
is equal and worthy of respect – the heart of Buddhism
“Bodhisattva Never Disparaging… whatever
persons he happened to meet … would bow in obeisance to all of them and speak
words of praise saying ‘I have profound reverence for you, I would never dare
treat you with disparagement or arrogance.’ … When the people heard this they
gibed at him, cursed and reviled him, but he bore all this with patience.” (4)
This attitude is at the absolute
heart of Buddhism. As Nichiren later wrote “The heart of the Buddha’s lifetime
of teachings is the Lotus Sutra, and the heart of the practice of the Lotus
Sutra is found in the ‘Never Disparaging’ chapter. What does Bodhisattva Never
Disparaging’s profound respect for people signify? The purpose of the
appearance in this world of Shakyamuni Buddha [the founder of Buddhism] … lies
in his behaviour as a human being … The wise may be called human, but the
thoughtless are no more than animals.”(5)
Shakyamuni’s purpose was to ‘open
the door of wisdom to all living beings’(6) – in other
words to enable all people to manifest their Buddha nature and attain the same
enlightened state he had. Buddhism is faith in life, faith in the human spirit,
faith in the fact that people can reveal their Buddhahood.
The western impression that Buddhism
is all about meditation is alien to the spirit of its founder Shakyamuni. The
goal of Nichiren Buddhism is neither escape from reality nor passive
acceptance. It is to live strongly, proactively in such a way as to refine
one’s own life and reform society through a constant exchange between the
outside world and the individual’s inner world.
The human being is not seen as a
frail wretch at the mercy of fate, but as a powerful agent of change. Everyone
has Buddhahood – the potential to live life with great energy, courage, wisdom
and compassion. And thus everyone is worthy of the deepest respect. As a
Buddhist I worship life itself (there is no God for me, no single creative act
in the historical past). My goal is to reveal my Buddhahood and inspire others
to do the same.
The spirit of Buddhism is this story
of Bodhisattva never Disparaging and it is this spirit that would underpin any
justice system built on Buddhism – the key being the syllable ‘par’ (in the
word disparaging) meaning we are all on a ‘par’, neither superior or
inferior to one another. It goes hand in hand with our personal struggle
against isolationism toward recognition of our interconnectedness with others
and our sense of community.
This is an age of conflict.
Seemingly swept along by an irresistible force, countries and individuals are
carried from one conflict to the next. The strength to stand firm against this
raging current of the times can be found in the unshakable belief in the Buddha
nature within ourselves and others, as well as in actions that put this belief
into practice and show respect for the lives of all people. The irresistible
momentum that leads to conflict arises from ignorance, specifically a lack of
awareness or belief that all people possess the Buddha nature. This ignorance
is the dark impulse that drives one to disrespect human life and violate its
innate dignity. The inherent devilish nature of authority and religion, the
dominant cause of conflict in this age, has this ignorance as its foundation.
4) Justice is good and fair governance, not retribution
“The Buddhist law of causality is, indeed,
rigid and severe” (7)
Since the universe operates
according to the law of cause and effect (karma), as a Buddhist I can leave
punishment to the operation of this law which is in some way analogous to a
physical law of the universe like gravity. Thus when I hear the word justice my
first thought is fair and equitable treatment and access to resources and not
punishment according to a set of rules.
The focus of a
justice system for me therefore becomes:
i) To protect those that may be at risk
from certain individuals
ii) To encourage those individuals (through
rehabilitation, education and challenging dialogue) to reflect on and change
their philosophy of life. Dialogue between criminals and the victims can be key
to this process.
The system would seek
to deter through creative and imaginative rehabilitation, education and dialogue
rather than through fear of punishment. Punishment is not ruled out totally as
a deterrent, but would need to be shown to work (otherwise it is just
retribution) and should still operate alongside rehabilitation / education /
dialogue, since only if we have inspired change in people’s hearts and minds
(or in some cases changed the law to come in line with people’s hearts and
minds) can the justice system be deemed to have succeeded.
As a Buddhist, if I
were working within the criminal justice system I would be mindful of the
following. Depending on how we talk to criminals they will either be encouraged
or disheartened. The way we interact with them reflects our innermost resolve.
What’s most important is whether or not we are truly concerned about their welfare
and whether or not we pray sincerely for their future well-being. In any case,
it’s essential to respect each of them as individuals. Within each criminal is
a potential good citizen. If we address him/her on that level we can enable
his/her character to blossom. And based on this kind of effort we would be able
to develop ourselves as well.
Even though one may
resort to harsh words, if such words help the person to whom they are addressed
then they are worthy and to be regarded as truthful words and gentle words.
Similarly though one may use gentle words, if they harm the person to whom they
are addressed they are in fact deceptive harsh words. True education is less
about conveying a list of rules than about conveying a spirit of respect and
concern through our own actions and practice.
5) The justice system: One aspect of the
socio-political context
“I do not believe that religion has nothing
to do with politics. The latter divorced from religion is a corpse only fit to
be buried.” (Mahatma Gandhi)
Buddhism
emphasises the interrelatedness of things. Thus successfully tackling the
important political issues of our time will improve the context within which
the criminal justice system operates. The following briefly introduces some of
the key political issues which my Buddhist organisation is concerned with.
Obsession
with GNP: Bhutan, a Buddhist nation in the Himalayas, when faced with
the onslaught of free market globalisation, the WTO, and the emphasis on ‘Gross
National Product’, came up with new indicators of ‘Gross National Happiness’
which emphasise the importance of clarifying the goals and values of a society
and creating indicators to measure what we treasure – health, happiness,
education, human rights, family, harmony, peace, environmental quality /
restoration. Polls across the world show these to be the priorities of people,
yet too many governments spend precious taxes on weapons, conflict and the
technology agendas of military contractors and global corporations. None of
these measures are at the heart of the policies of the economically powerful
nations, whose total focus is GNP, and whose populations are as a result
leading spiritually impoverished lives with appallingly low levels of mental
health.
The
environment: Another sign of hope is the Earth Charter – a
collaborative effort of religious and non religious organisations & NGOs
around the world to develop a set of ethics for an equitable and ecologically
sustainable future.
Humanistic
education, responsible media, fair trade and International Law: In
building a society, democracy is one important piece of the jigsaw. Another is
an effective, humanistic and holistic education system that is not overly
focussed on producing workers for corporations. Another is a mass media which
digs deeper for the causes of violent events and inspires people toward new
possibilities and a brighter future, rather than enmeshing humanity in negative
images of primitive and violent behaviour and cycles of revenge. Yet another is
a fair international trading set up. Finally I would mention a system of global
justice, a permanent court capable of trying individuals who violate
international laws against genocide, war crimes, crimes against humanity; this
being a prerequisite to universal disarmament. Such a court is a pillar around
which the ‘International law of peace’ can be enhanced and elaborated (at
present some key nations including the USA are opposed to this).
Cultural
arrogance: We should perhaps guard against arrogance in our dealings
with other nations demanding they adopt our notion and system of democracy,
when our own jigsaw is far from complete, and forcing this one piece of the
jigsaw on others may exacerbate their situation. From a Buddhist perspective equality
and democracy alone lacks the factor of ‘elevation of life condition’ – what
use is democracy if it is rooted in a low life condition because other pieces
of the jigsaw (mentioned in the previous paragraph) are missing?
6) Conscience & The Law
“If you
care anything about your personal security, you should first of all pray for
order and tranquillity throughout the four quarters of the land should you not”
(8)
Nichiren
Buddhism has been described as a disciple (not mentor) centred religion. The focus
is on how we inspire people to raise their life condition, rather than
veneration of some external entity (God, saviour, The Buddha etc.). If someone
says ‘I am the mentor, follow me’ nothing has really changed – we become
dependent. However when the mentor puts his philosophy into practice and
disciples choose to share his heart / spirit and take action alongside
him, then the course of human history can change. I believe this is the true
worth of The Buddha, Jesus, Mohammed and others – their ability to inspire
others to take the right action.
As
such, Buddhism encourages independence of thought based on one’s own Buddhist
practice, and not passive compliance. We develop our own sense of what’s right
and wrong, and this may not totally comply with the Law of the Land. Having
said this, Nichiren Buddhism places great importance on a sense of gratitude
for the social structure (including the justice system) around us and the
benefits that we gain as a result. We are encouraged to live within the customs
and laws of our societies as good citizens. The above quote is the most famous
in our scripture relating to this, however it is part of a treatise sent by
Nichiren (the 13th century sage whose teachings we follow) to the
authorities of the time in Japan, in which he explained in no uncertain terms
the governmental errors that had led to Japan’s dire state of poverty and
suffering at the time. It led to the persecution of Nichiren and his followers.
The lay organisation I am part of was founded in the 1930s and its leaders were
similarly imprisoned and persecuted during the Second World War for speaking
out against the actions of Japan’s militaristic regime.
We thus have a long history of speaking out
when our conscience dictates, since Nichiren Buddhism teaches that it is wrong
to remain silent when confronted with injustice as to do so is tantamount to
supporting and condoning evil. We have to speak out with impassioned words
resolutely attacking abuses of power that cause people suffering. We must say what
needs to be said no matter whom we are addressing with courage, never trying to
curry favour.
At
a personal level the recent wars in Afghanistan and Iraq have been a challenge
in this regard. As well as taking part in marches, it has led me to support the
organisation Conscience which campaigns for citizens to have the right to
direct the component of their tax spent on war, towards non violent means of
conflict resolution. Part of this campaign has been supporting those refusing
to pay that part of their tax spent on war (i.e. supporting those committing a
crime). If I were single with no children I may well have decided not to pay
myself. Such action is not to be taken lightly, and needs to be based on
profound prayer. We should perhaps not forget that Gandhi and others who fought
for social change deliberately broke laws on occasion. Without their courageous
action the world would be a worse place.
Adrianus van Helvert (plagiarising Daisaku Ikeda in places)
Suffolk & NE Essex Chapter Leader, SGI-UK
21st September 2004
Notes
(1)
Nagasena’s retort to The philosopher king Menander. See Ikeda, D.
(1978) Buddhism the First Millennium New York: Kodansha International
Press.
(2)
Ikeda, D. (2004) p7 in Art of Living, September 2004 UK:
SGI-UK
(3)
Nichiren Buddhism: Our religious practice is chanting the mantra
‘Nam myoho renge kyo’ as a method for helping to reveal our Buddhahood. ‘Nam’
is a Sanskrit word meaning ‘to commit one’s life to’, ‘Myoho renge kyo’ is the
Chinese title of the Lotus Sutra (the Buddha’s highest teaching).
Enlightenment/Nirvana is not seen as literal escape from the
cycle of birth and death. Instead it is seen as correctly understanding the
true nature of life & thus no longer experiencing hopelessness within the
cycle of life as we face its challenges. For more info see www.sgi.org, www.sgi-uk.org,
www.sgi-usa.org.
(4)
Translated by Watson, B (1993) The Lotus Sutra. Chap
20 New York: Columbia University Press.
(5)
Translated by The Gosho Translation Committee (1999) p851-2 Writings
of Nichiren Daishonin Tokyo: Soka Gakkai
(6)
Translated by Watson, B (1993) The Lotus Sutra. Chap2 New York: Columbia University Press.
(7)
Ikeda, D. (2004) SGI Newsletter
(8)
Translated by The Gosho Translation Committee (1999) p6 Writings
of Nichiren Daishonin Tokyo: Soka Gakkai
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WHAT DOES JUDAISM TEACH
ABOUT JUSTICE?
1)
Justice
emanates from G-d[1].
In traditional Judaism, everything in this world comes from
G-d. There is no such thing as
secularism. Thus, justice emanates from
G-d as well.
2)
The Torah
(the Pentateuch) is G-d’s word and therefore teaches us about Justice. Some relevant verses:
a)
You shall
not follow the masses in doing evil, nor shall you testify in a dispute so as
to turn aside after a multitude in order to pervert justice; nor shall
you be partial to a poor man in his dispute. (Exodus 22: 2-3)
b)
You shall
not commit a perversion of justice; you shall not favor the poor and you shall
not honor the great; with righteousness shall you judge your fellow. (Leviticus
19:15)
These verses deal with human nature. People have a tendency to follow the majority and to respond
emotionally when it comes to justice.
Justice is not absolute. When
discussing punishments the Torah does recognize the difference between
intentional and unintentional killing of a person. (For intentional murder, see Numbers 35:16; Numbers 35:17;
Numbers 35:18; Numbers 35:19; Numbers 35:21; Numbers 35:30, and for cities of
refuge see Numbers 35:6, Numbers 35:11; Numbers 35:13 Numbers 35:14). However, subjective factors such as age,
gender, social class, and family history should not be a factor in determining
guilt or innocence.
Judges and officers shall you appoint in all your cities – which
the Lord your G-d, gives you – for your tribes; and they shall judge the people
with righteous judgment. You shall not
pervert judgment, you shall not respect someone’s presence, and you shall not
accept a bribe for the bribe will blind the eyes of the wise and make just
words crooked. Justice, justice shall
you pursue, so that you will live and possess the Land that the Lord your G-d,
gives you. (Deuteronomy 16:18-20)
Without appointed judges, there cannot be justice. However, like everyone else, judges are
susceptible to carry out injustice.
Thus the Torah points out how important integrity is for judges. Note the words “blind the eyes of the wise,”
and “make just words crooked.” Not even
a wise or just person is automatically impartial. It is even possible that these wise people should be held to a
higher standard because they “should know better.”
To many Jews, Deuteronomy 16:18 is a key verse of the whole
bible. We are commanded as moral people
to pursue justice in our lives, even when this is difficult or dangerous. For example, many rabbis used this verse as
justification to march with Martin Luther King when it was not popular among
most white Americans. The Talmud even
goes so far as to suggest that we should actively go out in order to find
opportunities to pursue justice (see Sanhedrin 32b and Kiddushin. 40a).
Rabbi Joshua Narrowe 2004
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WHAT DOES THE CHRISTIAN
FAITH TEACH US ABOUT JUSTICE?
I speak tonight as a lawyer involved in the criminal justice
system for the past 35 years for the defence, but largely as a Crown
Prosecutor. I am also a committed
Christian and a Lay Reader in the Church of England. I believe that it is the calling of every Christian to hunger and
thirst for justice.
To understand what the Christian Faith teaches us about justice
it is necessary to understand that the Christian perspective is one that
encompasses the past, the present and the future. Equally it is necessary to understand that Christianity has its
roots in Judaism, and that within what Christians regard as ‘the Word’. [The Bible] and the Old Testament is as
important as the New Testament in revealing God’s purposes, and his Son, Jesus
Christ.
Within the Old Testament there is an unfolding story of the
relationship between God and man. Two
central themes run through the Old and New Testaments concerning justice: the
first is God’s all encompassing love, concern and mercy for all human beings;
and the second is my responsibility to love God which we evidence by caring for
others and as part of that care being stewards of the creation, the natural
world . It is our performance in that
care by which we are measured.
Throughout the Old Testament there are a succession of examples: first
on an individual basis; and subsequently, at a national level where the actions
of those who are faithful to that calling ,and those who are not, are
scrutinised by God.
The Old Testament begins with an account of the first exercise of
justice, which we know as the fall of man in the story of Adam and Eve. The judgement after God had exercised
justice was ejection from the perfection of Eden. God, however, does not give up on human kind
and seeks through a variety of ways to instil in human kind a desire to attain
his standard of love, concern and mercy.
We move through stories of individuals [Abraham, Jacob, and
Joseph] to the national and the
selection of the Hebrew nation in Egypt as ‘God’s chosen people.’ They are given during the Exodus from Egypt
a set of laws that set out [in negative terms] a social standard by which human
kind should live and against which it can be judged.
It is interesting to note that the 10 commandments are the basis
of the Western rule of law, and that following the Reformation in England,
every church was compelled to display prominently those 10 commandments to be
read and followed by local communities.
The display boards only show the
bullet point headings, however, of God’s commandments in the Old Testament,
since the church walls would not have been able to display the extent of the
laws set out in the book of Deuteronomy.
Just as the negative tends to attract the headlines in today’s media,
behind those headline laws lay a great deal more that spoke of love and concern. The best example of this is probably the concept of the year of
Jubilee in which property is to be returned to the family of the original
owner. This was suggested to occur
every 50 years [if it ever did]. Other
positive laws provide for food for foreigners or friends and widows, sharing of
one tenth of the harvest and the cancellation of debts every 7 years. {Deuteronomy 24 19-22, 14 28-29, 15 1-2
7-11]
Much of the Old Testament teaching on justice is found in the
Prophets, Isaiah and Jeremiah principally, who lived and moved in worlds where
the commandments were being ignored and the caring laws were simply not being
observed. The exercise of justice, the
judgement of God, was recognised in the defeat and exile of his people, and
their return to slavery. Isaiah however
ushers in our ‘present’, when he explores
the concept of the coming Messiah.
In his prophecy he uses the language of the Magnificat [itself based on
earlier recognition of the effect of Gods action in our lives] in talking of
role reversal and the care of those in need.
[Isaiah 58: 6 and 10] [Isaiah 42]
As I indicated earlier, the justice ethic of Jesus is built upon
a foundation of Hebrew scripture. Jesus
had a special sense of mission to poor and oppressed people. He repeatedly reached out to those at the
bottom of the social pyramid to the poor, women, Samaritans, lepers, children,
prostitutes and tax collectors. He was
prepared to accept all, but he made it clear that all needed to repent. He redefined the meaning of the word
neighbour. He restated ‘all the law and
the prophets’ to provide a simple standard, love God, love your neighbour. [Matthew 5 and verse 44]
The Christian understanding of justice has to be built on the
divine act of salvation through the death and resurrection of Jesus
Christ. For Christians believe that
justice no longer resides in the book, or a set of laws, but in a person.
For the present then, our search for justice should be lived out
and seen in lives of service to others, particularly the poor and
oppressed. For the Christian this is a
response to the Cross, to the sacrifice made for us.
Sadly History is littered
with our failure, and we continue to create further examples of our failure to
understand the nature of Christian justice.
We believe that in the future we will stand before Christ as the
administrator of justice. When we come
to that day of justice, Jesus pictured people from all nations gathered before
him and the standard by which justice is administered is whether or not we have
fed and cared for the lowliest of our neighbours (Matthew 25:31
paraphrased). Justice is then exercised
by One who has suffered the ultimate injustice.
Our search for, and exercise of justice is not just on a personal
‘one to one’ basis. Because we live in
a democracy and elect a government of the people, it is also a national
responsibility to bring about justice, nationally and globally. As Christian citizens we should use the
power of our citizenship to influence governments to seek justice at home and
abroad.
Some of you will have heard this story, said to be true, about
the Senior Criminal Judge, who saw in the dock before him a man with whom he
had been friends at school many years earlier and who had fallen from
grace. After establishing that the
defendant was content for him to deal with the case, he considered the facts of
the case and imposed a substantial fine.
In doing so he exercised justice through the powers of the statute under
which the offence had been committed.
He then went to the Fines Office, and paid the fine on his old friends
behalf.
We each have to face Justice, but our Hope is that the fine has
been paid.
Chris Yule 2004
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THE ISLAMIC CONCEPT OF
JUSTICE.
IN THE NAME OF GOD THE MERCIFUL, THE
COMPASSIONATE.
The concept of justice or ‘Adl’ in Arabic is one of the main
pillars of Islam. The Holy Qur’an
consistently reiterates the need for justice in every sphere of a Muslim’s
life. In one verse it states:
‘O you who believe! Stand out firmly for justice, as witness to
God, even as against yourselves, or your parents, or your kin, and whether it
be (against) rich or poor: for God best protects both. Follow not the lusts (of your heart), lest
you swerve, and if you distort (justice) or decline to do justice, verily God
is well-acquainted with all that you do’.
(Chapter iv, 135).
Justice or ‘Adl’ is the very foundation of true Muslim society
and it is regarded as the core notion on which the entire House of Islam is
built. One of God’s attributes in the
Qur’an is ‘Al-adil’ meaning the one who is ‘just’ and Muslims faith is based on
observing justice. In other words, the
Islamic concept of justice is very different from the distributive and remedial
justice advocated by Aristotle, the natural justice of British common law and
the formal justice of Roman law because the Islamic concept of justice revolves
around the belief that all our actions, however small or big, are being watched
and recorded by the our Creator. Nothing
is hidden from His sight and knowledge.
He is fully aware of each and every step we take. The Holy Qur’an clearly informs all Muslims,
‘When you judge among men, judge with justice’. (Chapter iv, 58) elsewhere the Qur’an
states, ‘If you judge, judge in equity between them. For God loves those who judge in equity’. (Chapter 5, verse 45).
The most hated person in the sight of God is the one’s who
deliberately distorts justice and thereby makes a mockery of law and
justice. The prophet Muhammad (peace be
on him) said, ‘Of all the people, the closest and dearest person to God on
the day of judgement will be the just leader; and the worst of men in the eyes
of God and who will remain far removed from him will be the unjust’. He also said, ‘O you who believe! Stand
out firmly for God as witnesses to justice, and let not the enmity of others
incite you to act contrary to justice.
Be always just, that is next to piety.
Be mindful of your duty to God’.
It is clear that the core message of Islam revolves around
justice, fairness and equality between all people. It is very unfortunate that a large number of Muslim societies
today fail to reflect the core principles and values of Islam this truly
beautiful religion and way of life.
Islam is an Arabic word which means attaining peace by submitting to the
will of One God.
Mojlum Khan. 2004
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WHAT DOES SIKHISM TEACH ABOUT JUSTICE
Sikhism is a young
religion that started in India only 500 years ago. . From 1469 within the
birth of its founder Guru Nanak Dev to Guru Gobind Singh in 1708 Ten Gurus
guided its development. It’s an
independent revealed religion; its core belief is that there is only One
God. As the fifth largest religion it
is now vibrant worldwide, (presence of 22 million). Sikhs live in God’s Will and the teachings from their Holy Book
Guru Granth Sahib Ji.
The messages of Sikhs is simple yet
Direct. TRUTH is HIGH, HIGHER yet is
TRUTHFUL LIVING. The Guru Manter
(Shabad of the Guru which is to be uttered with the tongue and with the mind)
is VAHEGURU which means WONDERFUL GOD.
Our Guru explains that just as the lotus flower is not affected by water
and always remains much above its surface, similarly a mortal can live in the
world with his own family, detached from Maya.
By meditating upon and repeating the Word Shebad (VAHEGURU). He can easily gain unity with the Almighty
God. All religions teach Peace,
Forgiveness and Justice, so does Sikhism.
Sikhs’ actions are recorded by two angels Chitr and Gupt, who pass on
deeds to Dharm Raj and on our judgement day in heaven justice is done. God is God of Love and shows mercy.
When Sikhs choose to be “baptised” (take
Amrit), they have to lead a pure and disciplined way of Life. The Khalsa (the community of the pure) was
created by the 10th Guru Gobind Singh Ji in 1699. They showed that by being baptised, leading
a disciplined way of life, and following the Gurus’ teachings you can obtain a
spiritual and eternal life. Baptised
Sikhs are ordered to bathe in the early hours of the morning, recite 5 set
prayers, meditate in God’s name for 1 and a half hours in the evening, and wear
their 5 Ks (Kesh uncut long hair; Kanga the wooden comb; Kara, steel bracelet;
Kirpan, small sheathed dagger; Keshera, long undershorts). When a baptized Sikh does something wrong
they have to go to the Panj Pyara, the 5 beloved ones, by whom they were
baptized, and confess and ask for their forgiveness.
The Khanda, the symbol of the Sikhs, has
three symbols in one. The name is
derived from the central Khanda , the double-edged sword in the centre, which
expresses belief in the freedom and justice of the One, True God. The Chakra, the circle, represents belief in
the Oneness and Infiniteness of God and reminds Sikhs to live within God’s rule
and care. The two Kirpans, the swords,
symbolise spiritual and worldly power and remind Sikhs to serve God. The Kirpan that is worn by the baptised
Sikhs is the symbol of Power and of Freedom of Spirit. It reminds Sikhs to fight if necessary for truth
and justice and to protect the weak.
There are three rings of protection
around Sikhs. The first are the 5K’s,
then the five institutions, lastly the five ideologies – democracy, human
rights, equality between the sexes, social justice and freedom of conscience.
This statement was
compiled under the guidance of Sri Singh Sahib Manjit Singh, the Jathedar of
Anandapur, who is one of the five spiritual and temporal heads of Sikhism; and
Sri Akhal Takhat Sahib, his deputy.
The Sikh scripture, Guru Granth Sahib,
declares that the purpose of human beings is to achieve a blissful state and to
be in harmony with the earth and all creation. It seems, however, that humans
have drifted away from that ideal. For
the earth is today saturated with problems. It is agonizing over the fate of
its inhabitants and their future! It is in peril as never before. Its lakes and
rivers are being choked, killing its marine life. Its forests are being
denuded. A smoky haze envelops the cities of the world. Human beings are
exploiting human beings.
There is a sense of crisis in all parts
of the world, in various countries and among various peoples. The demands of
national economic growth and individual needs and desires are depleting the
natural resources of the earth.
There is serious concern that the earth
may no longer be a sustainable biosystem. The major crises facing the earth—the
social justice crisis and the environmental crisis—together are heading the
earth toward a disastrous situation. The social justice crisis is caused by
humanity’s confrontation with itself and the environmental crisis is caused by
humanity’s confrontation with nature.
The social justice crisis is that poverty,
hunger, disease, exploitation, and injustice are widespread. There are economic
wars over resources and markets.
The rights of the poor and the marginal
are violated. Women, constituting half the world’s population, have their
rights abused.
The environmental crisis caused by humanity’s exploitation of
nature is leading to the depletion of renewable resources, destruction of
forests, and overuse of land for agriculture and habitation. Today pollution is
contaminating air, land, and water. Smoke from industries, homes, and vehicles
is in the air. Industrial waste and consumer trash is affecting streams and
rivers, ponds and lakes. Much of the waste is a product of modern technology;
it is not biodegradable and not reusable, and its long-term consequences are
unknown. The viability of many animal and plant species, and possibly that of
the human species itself, is at stake.
This crisis cries out for an immediate
and urgent solution. The crisis requires going back to the basic question of
the purpose of human beings in this universe and an understanding of ourselves
and God’s creation.
We are called to the vision of Guru
Nanak which is a World Society comprising God- conscious human beings who have
realized God. To these spiritual beings the earth and the universe are sacred;
all life is unity, and their mission is the spiritualization of all.
Guru Nanak and his successors during
their lifetime worked toward creating an ideal society that has as its basis
spiritual awareness and ethical integrity. The name “Sikh” means disciple or
learner of the Truth.
Guru Nanak in his philosophy states that
the reality that humans create around themselves is a reflection of their inner
state. The current instability of the natural system of the earth—the external
environment of human beings—is only a reflection of the instability and pain
within humans. The increasing barrenness of the earth’s terrain is a reflection
of the emptiness within humans.
The solution to problems manifest in our
world lies in prayer and in accepting God’s hukam. It is difficult to translate
certain Sikh concepts accurately. Hukam is one such concept—it may be best
described as a combination of God’s will, order, and system. With an attitude
of humility, and surrender to the Divine Spirit, conscientious human beings can
seek to redress the current crises of the environment and of social justice. In
the Sikh Way this is done through the guidance of the Guru, who is the Divine
Master and messenger of God.
The Gurus taught humans to be aware of
and respect the dignity in all life, whether human or not. Such a respect for
life can only be fostered where one can first recognize the Divine spark within
oneself, see it in others, cherish it, nurture and fulfil it.
Such a person is involved in human
problems and society and has to prove his or her effectiveness there. Such a
person lives with a mission—and works for the emancipation of all. A true Sikh
is for individual human rights, the environment, and justice for all.
“The God-conscious person is animated
with an intense desire to do good in this world.” (273)
Over the last three centuries the
members of the Khalsa order have stood up for the rights of the oppressed and the
disenfranchised even at the cost of their own lives. The Khalsa vision of the
World Society is:
“Henceforth such is the Will of
God: No man shall coerce another; No person shall exploit another; Each individual has the inalienable
birthright to seek and pursue happiness and self-fulfillment; Love and persuasion is the only law of
social coherence.” (74)
For the Khalsa, justice requires the
participation and inclusion of all in obtaining and enjoying the fruits of
God’s creation. Justice achieved through cooperative effort is desirable. The
ideal for the Khalsa is to strive for justice for all, not merely for
themselves.
The Sikh Gurus, through their lives,
provided role models for the Sikhs. They all actively worked to stress the
equality of all humans and challenged the rigid social stratification of the
caste system in India. The very existence of the Sikh religion is based on
challenging:
q
Inequality in society, and
q
Exploitation of the poor and the marginal by the religious
and political establishment.
Sikh Gurus provided many examples of
standing by their principles and confronting exploitation and oppression.
Sikh Gurus also moulded traditional
lifestyles to exemplify a more equitable society. They created many
institutions that form the basis of Sikh society and are based on the equality
of all. The Sikh Gurus invited people of all castes and creeds to meditate
together. That would be called sangat. Either before or after the meditation,
people were asked to sit and eat together irrespective of their social
background, to create a sense of equality. That process would be called pangat.
Sikh Gurus started a tradition of free
distribution of food to the rich or poor through the Sikh meeting areas. That would
be called langar. Through the creation
of the Khalsa, the Gurus established a system that would protect and maintain a
free and just order.
Women and their rights have been ignored
for too long. Any approach to solving problems of social justice and the
environment must be sensitive to women’s concerns, and must include women as
equals.
The ideal for Sikhism is a society based
upon mutual respect and cooperation and providing an optimal atmosphere for
individuals to grow spiritually. Sikhism regards a cooperative society as the
only truly religious society, as the Sikh view of life and society is grounded
in the worth of every individual as a microcosm of God. Therefore, an
individual must never be imposed upon, coerced, manipulated, or engineered:
”If thou wouldst seek God, demolish and
distort not the heart of any individual”. (1384)
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A SHORT
BAHÁ’Í REFLECTION ON JUSTICE
We can explore the theme of justice from a top-down institutional
perspective or at the level of individuals and social relations. Because of the limited time, I’m going to
limit this presentation to the dynamics of justice at the individual level.
The Bahá’í Writings focus attention on a very important aspect of
justice when they link justice to independence of thought and an individual’s
search for truth.
In the beautiful Hidden Words of Bahá’u’lláh – the founder
of the Bahá’í faith – we find the following:
“O SON OF SPIRIT!
The best beloved of all things in My sight is Justice; turn not
away therefrom if thou desirest Me, and neglect it not that I may confide in
thee. By its aid thou shalt see with
thine own eyes and not through the eyes of others, and shalt know of thine own
knowledge and not through the knowledge of thy neighbour. Ponder this in thy heart; how it behooveth
thee to be. Verily justice is My gift
to thee and the sign of My loving-kindness.
Set it then before thine eyes.”
Bahá'u'llah, The Arabic Hidden Words
Justice is a gift of human beings. With justice we can enjoy independence of thought and pursue our
individual search for truth. Justice
and fairness require that all human beings enjoy education, so that they have
the confidence and know-how to discover their own path in life. Indeed, knowledge is one of the wondrous
gifts of human existence. It allows us
to think for ourselves, to reach our own conclusions, and to enjoy dignity and
choice.
If we are imbued with justice we would choose for our neighbour
what we would choose for ourselves.
Humility is a much forgotten virtue in our day and age, but a sense of
justice and fairness encourages humility and rejects selfishness and pride. Justice therefore encourages the sense of
sharing and goodwill, and its purpose is to bring about unity amongst us all.
As well as practicing justice amongst ourselves, we should
encourage it amongst those in leadership positions. The Bahá’í Writings refer to justice as a light that can envelop
the whole earth. There is a need for
justice to rule amongst humanity in order to counter tyranny and
injustice. The light of justice would
transform our world both at the individual and the social level.
The Bahá’í Writings caution us to do as follows:
“Take heed that your words be purged from idle fancies and
worldly desires and your deeds be cleansed from craftiness and suspicion. Dissipate not the wealth of your precious
lives in the pursuit of evil and corrupt affection, nor let your endeavours be
spent in promoting your personal interest.
Be generous in your days of plenty, and be patient in the hour of
loss. Adversity is followed by success
and rejoicings follow woe.”
Baha'u'llah, Tablets of Baha'u'llah, p. 137
Nazila Ghanea-Hercock 2004
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REFLECTIONS
ON JUSTICE FROM A HUMANIST
You might say that I’m contributing my paper under false
pretences. Firstly, although the Suffolk Humanist group, Suffolk Humanists, is
affiliated to SIFRE, we wouldn’t describe Humanism as a ‘faith’. Faith is
defined as ‘a strong belief in something, especially without proof’, or ‘a
specific system of religious beliefs’. It’s also defined as having complete
confidence or trust in something, but since Humanists are essentially sceptics,
we’re not inclined to have faith in anything that isn’t proven. Humanism is an
approach to life for people who live without religion and who care about right
and wrong.
Secondly, we would not presume to ‘teach’ anyone anything, since
we have no book of rules, and no secular equivalent of clergy, imams, rabbis
and the like to convey Humanist teachings. There is no Humanist party line on
justice, any more than there is on many other things. However, we do encourage
people to think rationally about their rights and responsibilities, and to see
themselves as accountable to for their actions.
Therefore, this paper is a personal reflection from a Humanist
who’s thought about justice and what it means. It is not intended to be
a comprehensive review of Humanism and justice. Many Humanists would agree with
me about some, if not all, of this; others might differ. One of the distinctive
things about being a Humanist is thinking for oneself. Some might say that
Humanism is a cop-out, since we’re not required to follow any set of rules.
This is nonsense. We seek the best in and for human beings, and the advancement
of humanity by its own efforts, so we give much thought to doing the right
thing in whatever circumstances we find ourselves in, which, we would argue, is
actually more difficult than following a set creed.
Justice is the administration of law according to prescribed and
accepted principles. Aristotle said, ‘All virtue is summed up in dealing
justly.’ The ancient principle of ‘due process’ is based on an individual’s
right to a fair and public trial, properly conducted, the right to be heard at
his or her trial, and the right to an impartial hearing. It also means that
laws must be framed so that any reasonable person might understand them.
We might also say that just laws should not reflect ignorance and
prejudice, such as the law that criminalised homosexuality until recently, and
that they should be relevant to the way we live now, not decades or hundreds of
years ago. There are many laws on the statute books that should have been
repealed long ago. For example; a few years ago, a male body was discovered in
a Woodbridge park. It had been dead so long that it was impossible to tell the
cause of death, though it was probably natural. The person who’d dumped it was
a close relative who must have kept it at home for a long time, for peculiar
reasons. The only offence the police could find to charge him with, due to a
lack of evidence, came from an ancient ecclesiastical statute – failing to give
the body a Christian burial. A local journalist contacted me for comment, since
I’ve conducted lots of non-religious funerals. Did this mean that all the
people who’d arranged secular funerals for their relatives had been breaking
the law? No one was going to bother prosecuting them, as this particular law
was no longer considered relevant – except when it came in useful in the body
in the park case.
Institutions of law are essential in any civilised society, yet
they enshrine injustice. One of the framers of the American Constitution,
Thomas Jefferson, wrote, ‘Laws and institutions must go hand in hand with the
progress of the human mind,’ yet in modern America, the neo-conservatives are
impeding progress and even reversing it. Americans still claim their
constitutional ‘right to bear arms’ and powerful evangelical Christians impose
their views on abortion and sex education on everyone through legislation. In
Saudi Arabia and other Middle Eastern countries, Islamic sharia law is being
used to impose a medieval version of ‘justice’. This is a misuse of power.
Gene Roddenberry, the American who wrote the original Star Trek
TV series, expressed some fundamental Humanist principles through his stories.
Conflict resolution was achieved through negotiation, not force. Equality was a
principle underlying the organisation of the star ship Enterprise – equality of
gender, race and so on. Similar principles are enshrined in the United Nations
Charter of Human Rights, which begins with the words ‘Whereas recognition of
the inherent dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and peace in the world…’
and goes on, in article 3, to state, ‘Everyone has the right to life, liberty
and security of person.’ We’ve a very long way to go before these ideals are
achieved for everyone, everywhere. One obstacle is nationalism. As long as some
countries – including America, the most powerful country in the world – resist
the imposition of fundamental principles of justice by an international
criminal court, they’ll continue to get away with murder, and more.
The current governments in Great Britain and America are perhaps
the most religious they’ve been for a long time, and religious politicians are
abusing their positions to impose their beliefs on us. Religion should not play
any part in either politics or the law, which should be entirely secular. It’s
illogical to enshrine belief, or faith, in a justice system. People have faith
without evidence, yet evidence is fundamental to the law. People of faith
should enjoy the same rights as everyone else, but there must be equality.
There are, in any case, so many different faiths, and they all seem to
contradict one another. The law must not permit special privileges for
religious people. One does not need a faith or religious belief to be a good
person, yet this is a common assumption, despite the evidence for all the
cruelty and injustice perpetrated in the name of religion. Humanists want a
level playing field, which means, for example, that religious ceremonial should
not play any part in the rituals and traditions of the judiciary, the military
or government at any level. Such practices are old-fashioned and
discriminatory. It makes it much harder for an atheist to become Prime
Minister, for example, and almost impossible for an atheist to become President
of the United States.
Here are some of the ways that Humanists or secularists have
influenced the law in this country.
The National Secular Society (of which I’m a member) was founded
in 1866 by Charles Bradlaugh, who was elected MP for Northampton in 1880. It
was usual then for MPs to swear a religious oath on the Bible when entering
Parliament. Bradlaugh asked to be allowed to substitute a secular affirmation
but was refused, despite the support of the Prime Minister, William Gladstone.
Because he wouldn’t swear a religious oath he was not permitted to take his
seat in the House of Commons, it was declared vacant, and a by-election was
called. At one stage, he was arrested by the Sergeant at Arms for attempting to
take his seat. However, after he was re-elected several times, he was finally
allowed to take his seat in 1886. It would be interesting to know how many of
the witnesses who swear the traditional oath on the Bible in court are actually
religious, and how many realise that they can make a secular affirmation.
Perjury (meaning lying on oath) is rightly a very serious offence, as it’s
crucial to establish the truth in court, yet it could be argued that very many
witnesses perjure themselves before they begin, by swearing an oath that’s
meaningless to an atheist, agnostic, or non-theist (such as a Buddhist).
Humanists were actively involved in the campaign to reform abortion
law through the Abortion Law Reform Association, resulting in the passing of
the Abortion Act of 1967. Not all Humanists are happy about abortion, but most
would prefer women to have abortions carried our safely in hospital, rather
than risk dangerous back street abortions, which are still common elsewhere.
Most Humanists are in favour of legalising voluntary euthanasia (as is a
majority of the British public), and many support the Voluntary Euthanasia
Society. The subject is currently under review by a House of Lords Select
Committee.
Humanist organisations, including the British Humanist
Association and the National Secular Society, have contributed to parliamentary
consultations over issues like free school transport (when children attending
religious schools have been given preferential treatment) and the legal
requirement for schools to have collective worship, which is unpopular,
impractical and often flouted. The most recent legal statement of the
requirements for collective worship (as distinct from assembly) is contained in
the School Standards and Framework Act 1998.
Humanists across Europe have been campaigning to keep religion
out of the new European Constitution. We think that faith organisations already
have more than enough privileged access to government and that existing laws
cover most of the issues they complain about.
In May 2002, Lord Avebury introduced a Religious Offences Bill,
which aimed to abolish the common law against blasphemy and miscellaneous
obsolete laws about religious offences. It also proposed a new law against
incitement to religious hatred. We want the abolishment of the law of
blasphemy, which some faiths would like extended, but have concerns about the
proposed new offence of incitement to religious hatred. The issue is
complicated and there’s a lot of potential for misuse of a badly framed law.
Some of us are concerned, for example, about the possibility of its use to
punish causing ‘offence’ as some religionists are easily offended and we are
keen to maintain the principle of free speech, even when it’s used to express
opinions we loathe, such as extreme nationalism.
In an ideal world, courts of law should be places where
experienced and impartial minds can consider the merits of each case and offer
practical ways of dealing with them. However imperfect the system may be, it’s
preferable to the alternatives – arbitrary tyranny, corruption, gun law,
chance, or trial by tabloid. If we haven’t broken any just law, we have nothing
to fear. The Greek philosopher Epicurus wrote, ‘It is impossible for someone
who secretly does something that mankind has agreed is harmful, to be confident
that he will escape detection, even if he escapes it ten thousand times. Until
he dies, he will always be uncertain of remaining undetected.’ And if he’s
detected, let justice prevail.
© Margaret Nelson, 2004