On the Concept of Righteousness and Justice : 6. Swami Krishnananda.

 


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1.# OPINION : Monday, June 07 , 2021.7:35. AM. 2409.
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Ref - CHILDREN IN BHARATHAM, ARE MISGUIDED BY INDISCIPLINE AND RUBBISH STUDENT ASSOCIATIONS AND STUDENT POLITICAL WINGS, ENDING IN LOSS OF CHARACTER! Elections in Bharatiya states are near, Here is chance to eliminate such demonic political parties from this Holy Earth!! : MEMBERS READ CAREFULLY, HERE THE TATTVAM/ESSENCE IS VERY STRONG, KEEP THIS TATTVAM IN YOUR MIND, IN THE NEXT EDITION YOU WILL FIND MORE OF THIS KIND"
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All Members,
Respected family members of this great holy Nation.
REQUEST ALL  STUDENTS, PARENTS AND TEACHERS MUST READ THIS TOPIC.
IT IS URGENT IMPORTANCE IN THE PRESENT SITUATION  OF THE NATION
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Sub : On the Concept of Righteousness and Justice : 6.  Swami Krishnananda
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1.

The philosophy and the rationale behind law, justice and jurisprudence would, then, raise the pertinent question: Is man prior to law or is law prior to man? This crucial difference of viewpoint in ultimate matters concerning life is virtually the point of distinction between the Contract Theory of State propounded by thinkers like Thomas Hobbes and the Logical Theory of State advocated by philosophers like G.W.F. Hegel, in the West. 

The Contract Theory holds that man was originally in a state of nature and was ruled by the law of the fish (the larger swallows the smaller) and the law of the jungle (might is right), and this could be naturally the height of any conceivable insecure condition of things. To obviate this sort of perpetual fear endangering the lives of everyone, people are said to have made an agreement among themselves and framed a system of laws and of governance, vesting the power of rule in a single person (monarchy) or a body of persons (oligarchy or bureaucracy) or an assembly of chosen ones by periodical election (democracy). 

Here the law of the society and of political government is considered as something created by man by mutual consent or agreement to suit the circumstances or conditions under which he lives at any given time. When the circumstances of life change, the laws also can be and have to be changed by mutual understanding and agreement. 

This would make it appear that there is no such thing as law unless man wills, individually or in a group, that it should be there. It is the creation of human needs and the environment of life. Law does not exist by itself. Man can do or undo it by a majority of votes (since it is unlikely that everyone would always consent to everything unanimously), and sometimes by the exercise of physical force even by a quantitative minority (as it has happened rarely in the history of the world, though unfortunately for the many in the majority) – a situation which implies that man makes laws either by understanding which would be to the satisfaction of many, or by physical force which can be to the sorrow of many. 

Anyway, according to this point of view of the origin of social law and political government, man is the law-maker, and this is the essence of the Theory of Contract in the science of Politics. From this it would also follow that even the sense of justice can turn out to be a whim oftentimes in the minds of the ruling powers, because it is hard for the dispensation of justice to stand isolated from the operation of law. 

On a close examination of the subject, the implications of the Contract Theory would seem to be inseparable from the psychological background of society presented by psychoanalysis. Man can be no better because he can make laws, for he can also unmake the very same laws by the same principles of contract which made them, and rational justice would be a word without any substantial meaning.


2.

Though it may be conceded that the Contract Theory is perhaps the truth of the historical origin of human law and government, even this manner of the origin of law must have itself originated from a principle which ought to have a logical priority over the historical accident of the origin of law as propounded by the Contract Theory. Here we come to a subtle philosophical point which would not ordinarily occur to the mind of the common man. Why does there come about a necessity for man to frame a law at all by mutual consent? 

The answer to this question is the logical ground which explains the meaning of law and the necessity for law. The principle which is prior to the human effort of mutual agreement in respect of the framing of the law is itself the central law conditioning and regulating all the laws that man makes subsequently by agreement, election, etc. This is the point which Hegel endeavours to win over Hobbes. It cannot be that man is the sole maker of law; if that had been the case, it would be difficult to understand why at all man felt a need to make law. This need felt by him is the conditioning factor behind man-made laws, and is the main law, the universal law, which regulates temporal laws of the terrestrial State. If law arrests a person and inflicts on him punishment, it is not because of the operation of a man-made law merely (else, man could suddenly change his law and abolish such a thing as legal punishment), but the reaction set up by a wider law which is superior even to the totality of the individuals in society and the members in the State. And what is this law?

3.

Here we turn to the metaphysical background of law which also purports to be its logical explanation and justification. The relationship between man and man is not the outcome of some quixotic agreement but a rational necessity dictated by the structure of the universe. Human relationship cannot be made or unmade according to fancy, for it is rooted in a fixed pattern of structural behaviour which is harmonious with the nature of the universe as a whole as manifest in the various degrees or realms of its expression. The necessity for law arises on account of a need felt to rise and grow into a higher degree of reality than the one in which one finds oneself at a given moment. The growth into a higher order of reality is both quantitative and qualitative in a measure in which the two aspects cannot be distinguished one from the other. 

The higher degree of reality connotes and implies not only a wider inclusiveness of quantitative measure but also a deeper profundity of knowledge and wisdom and an insight into the nature of things. To give an example: Is not man more than a mere total or an assemblage of the different limbs of his body? All the parts of the body of a man, even when viewed together, cannot be regarded as the man himself, for what we mean by man is a. significant meaning or a transcendent essence vitalising and animating the body and the personality, rather than the body or the personality by itself. Man is a significance, a connotation, a suggestiveness, the state of an integrated consciousness, and not merely a physical body, a psychological unit or a social personality.

To be continued ....


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NOTE :

1. You are following a wrong path even in your studies and educational career; and neither your parents, your government, your society nor your friends are good enough or intelligent enough to tell you what your problems are going to be when you become an adult!

2.  "Here comes the need for a new type of education. You may call it Sanatana Dharmam."

THIS IS WHAT NOT HAPPENING  IN THE MUSLIM WORLD,

THEIR POISONOUS MADRASA EDUCATION, IS FUNDING HATRED, VIOLENCE, MENTAL DISTURBANCE, CREATING TROUBLES AMONG THEMSELVES AND OTHER COUNTRIES!!

3. Christianity violates all discipline, by by religious conversions and Church, cum evangelists, using the money, spreading lies, cheat the public all over the world, ..... 

4. Nature can suddenly burst a bomb on the head of all humanity, which she has been keeping secretly tucked under the arm to burst any time. The whole Earth can shake, and the matter ends there in one second!!

5. THE BREAKING INDIA FORCES CONGRESS AND COMMUNISTS ALONG WITH ALL REGIONAL POLITICAL PARTIES  USE DEMONIC POLITICS; VOTE BANK POLITICS WITH MUSLIMS AND CRISTIANS ASSOCITED WITH ABOVE SAID POLITICAL COMBINATIONS TO DESTROY THIS HOLY NATION.

6.TO STOP THESE EVIL MOB IN THE PRESENT DAY, ONLY WAY TO IT BE RIGHTEOUS, TRUE TO ONE NATION AND ONE PEOPLE PRICIPLE. 

7. TODAY IN KERALA AS WELL AS OTHER PARTS OF THIS HOLY NATION, WHERE GREAT BRAHMA RISHIS, MAHARISHIS TOOK BIRTH AND GAVE US GREAT TEXTS, FOLLOWED BY GREAT ACHARYA SRI SWAMY ADI SANKARACHARYA AND MANY MORE BORN AND SUCCEEDED IN ESTABLISHING A STRONG SANATANA DHARMAM THROUGH OUT BHARATHAM; BUT THE PRESENT POLITICAL SYSTEM NOT PREPARED TO FOLLOW THEIR TEXTS AND SERVE THIS NATION, NEED TO CHANGE THIS TENDENCY BY RENAISSANCE. 

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JAI HIND

JAI BHARATHAM

VANDHE MADHARAM

BHARAT MATHA KI JAI.


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