69
edits
Progressive Utilization Theory: Difference between revisions
Jump to navigation
Jump to search
m
Progressive Utilization Theory (view source)
Revision as of 17:15, 21 October 2013
, 21 October 2013→Justice: Tidying up references
(→Criminology: Tidying up references) |
m (→Justice: Tidying up references) |
||
| Line 376: | Line 376: | ||
=== Justice === | === Justice === | ||
{{Quote box|width=220px|bgcolor=#c6dbf7|align=right|quote=''I am personally of the opinion that since flaws will always unavoidably remain, no matter how good the judicial system, it is not the intent of nature for one human being to penalize another.''<ref | {{Quote box|width=220px|bgcolor=#c6dbf7|align=right|quote=''I am personally of the opinion that since flaws will always unavoidably remain, no matter how good the judicial system, it is not the intent of nature for one human being to penalize another.''<ref name="HS1J"/><br />Prabhat Ranjan Sarkar}} | ||
According to Sarkar, the underlying spirit of [[:wikipedia:Justice|justice]] is the mental effort to ascertain [[:wikipedia:Truth|truth]]. Whatever human beings collectively deem to be the truth in this relative world or in society is justice. In the attempt to administer justice, human intellect comes to grips with the struggle between progressive and regressive forces, between good and evil, and seeks the righteous course of action. According to PROUT, justice begins with the [[#Judicial system|judicial process]] and is completed with the implementation of appropriate [[#Correctional system|corrective measures]].<ref | According to Sarkar, the underlying spirit of [[:wikipedia:Justice|justice]] is the mental effort to ascertain [[:wikipedia:Truth|truth]]. Whatever human beings collectively deem to be the truth in this relative world or in society is justice. In the attempt to administer justice, human intellect comes to grips with the struggle between progressive and regressive forces, between good and evil, and seeks the righteous course of action. According to PROUT, justice begins with the [[#Judicial system|judicial process]] and is completed with the implementation of appropriate [[#Correctional system|corrective measures]].<ref name="HS1J"/> | ||
Some people are of the opinion that no human being has a right to sit in judgement on another human being, and that point of view no doubt has some merit. But PROUT also considers it a fundamental [[:wikipedia:Human_rights|human right]] of everyone to correct the shortcomings of others with whom they come in contact. Indeed, in the view of PROUT, the health of society depends on the recognition of this right. Logically, corrective measures may only take place after a judicial process. Therefore, the judicial process is a practical necessity. In other words, failure to engage in a judicial process would also be injustice. Not only that, it would leave society at the mercy of any oppressive government that may happen to come into power. | Some people are of the opinion that no human being has a right to sit in judgement on another human being, and that point of view no doubt has some merit. But PROUT also considers it a fundamental [[:wikipedia:Human_rights|human right]] of everyone to correct the shortcomings of others with whom they come in contact. Indeed, in the view of PROUT, the health of society depends on the recognition of this right. Logically, corrective measures may only take place after a judicial process. Therefore, the judicial process is a practical necessity. In other words, failure to engage in a judicial process would also be injustice. Not only that, it would leave society at the mercy of any oppressive government that may happen to come into power. | ||
==== Judicial system ==== | ==== Judicial system ==== | ||
Sarkar asserts that the main difference between [[#Administration|administrative system]] and judicial system is that the judicial system does not require the same strict discipline as the administrative system.<ref | Sarkar asserts that the main difference between [[#Administration|administrative system]] and judicial system is that the judicial system does not require the same strict discipline as the administrative system.<ref name="HS1J"/> On the contrary, the judicial system should give a higher priority to rationality, tolerance, and benevolence. As such, often it is seen that judges will temper the legislation of an administration on the base of humane reasoning. The verdicts of a judge should prove more acceptable to the citizens of a state than the general pronouncements of any administration. If that does not happen, then the judge is failing in her/his duty. | ||
PROUT would enhance the power of judges by giving them the right to employ the service of detectives and by entrusting judges with the final authority in all trials, including jury trials. If the judge and the jury come to a different conclusion in a case, then the decision of the judge would take precedence. However, if during the course of a trial, the jury suspects that the judge is not impartial, the jury would have the right to refer the entire proceedings to a higher judicial authority. That would have to occur before the judge delivers her/his verdict. If the higher judicial authority shares the opinion of the jury, the judge should be discharged. | PROUT would enhance the power of judges by giving them the right to employ the service of detectives and by entrusting judges with the final authority in all trials, including jury trials. If the judge and the jury come to a different conclusion in a case, then the decision of the judge would take precedence. However, if during the course of a trial, the jury suspects that the judge is not impartial, the jury would have the right to refer the entire proceedings to a higher judicial authority. That would have to occur before the judge delivers her/his verdict. If the higher judicial authority shares the opinion of the jury, the judge should be discharged. | ||
| Line 389: | Line 389: | ||
==== Correctional system ==== | ==== Correctional system ==== | ||
{{Quote box|width=220px|bgcolor=#c6dbf7|align=right|quote=''Does not capital punishment amount to cutting off the head to get rid of a headache?''<ref | {{Quote box|width=220px|bgcolor=#c6dbf7|align=right|quote=''Does not capital punishment amount to cutting off the head to get rid of a headache?''<ref name="HS1J"/><br />Prabhat Ranjan Sarkar}} | ||
Even with the best of judges and the best of juries, it cannot be guaranteed that the verdict in every case will be correct. Hence, to offset possible injustice, the [[:wikipedia:Correctional_system|correctional system]] must be very humane. | Even with the best of judges and the best of juries, it cannot be guaranteed that the verdict in every case will be correct. Hence, to offset possible injustice, the [[:wikipedia:Correctional_system|correctional system]] must be very humane. | ||
According to PROUT, prisons should not be for the purpose of [[:wikipedia:Punishment|punishment]] but rather for the purpose of [[:wikipedia:Rehabilitation_(penology)|rehabilitation]]. Doctors quarantine patients with infectious diseases to protect the healthy while trying to effect a cure. So also the correctional system necessarily isolates criminals to protect the rest of society. But the main purpose of the correctional system should be to rehabilitate the prisoners. | According to PROUT, prisons should not be for the purpose of [[:wikipedia:Punishment|punishment]] but rather for the purpose of [[:wikipedia:Rehabilitation_(penology)|rehabilitation]]. Doctors quarantine patients with infectious diseases to protect the healthy while trying to effect a cure. So also the correctional system necessarily isolates criminals to protect the rest of society. But the main purpose of the correctional system should be to rehabilitate the prisoners. | ||
PROUT rejects the principle of ''[[:wikipedia:Lex_talionis|lex talionis]]'' (the law of retaliation, ''an eye for an eye''). In the view of PROUT, a human society that behaves in such fashion stoops to the same level as that of the criminals. According to PROUT, a [[:wikipedia:Civilization|civilized]] society must endeavor to cure criminals of their ailments. The manner of the ''cure'' would therefore depend not only on the severity of the crime but also (and, in some cases, even more) on the [[#Criminology|nature of the criminal]].<ref | PROUT rejects the principle of ''[[:wikipedia:Lex_talionis|lex talionis]]'' (the law of retaliation, ''an eye for an eye''). In the view of PROUT, a human society that behaves in such fashion stoops to the same level as that of the criminals. According to PROUT, a [[:wikipedia:Civilization|civilized]] society must endeavor to cure criminals of their ailments. The manner of the ''cure'' would therefore depend not only on the severity of the crime but also (and, in some cases, even more) on the [[#Criminology|nature of the criminal]].<ref name="HS1J"/> | ||
=== Law === | === Law === | ||