Can
any Law ever be Absolute
Summary: Applicability of any law is limited by
nature and context of things and events. Therefore no law can ever be
absolute.
Legal systems have their origin in
dissatisfaction resulting from individualistic and subjective interpretation of
facts and circumstances. Individualistic and subjective interpretation of facts
and circumstances often led to irreconcilable and even mutually contradictory
differences between different interpretations of same set of facts and
circumstances by different individuals at the same time. Even interpretations
by the same individual of similar set of facts and circumstances at different
times were found inconsistent, irreconcilable and mutually contradictory. This
can often be observed even in the contemporary society when things and events
are judged without applying standardized yardsticks. Morally unscrupulous
people often vary their yardstick from one set of circumstances to another.
They can often be seen protecting things, events and people they are interested
in and abusing the rest. They resent any call for use of appropriate
standardized criterion. For them only criterion are their interest, comfort,
convenience and their authority.
So naturally a need to evolve standardized
criterion for evaluation of facts and circumstances and determining subsequent
course of action was strongly felt. This eventually gave rise to law based
system of governance in which laws were elevated to the level of gospel truth.
Courts and legislatures were entrusted with the task of determining applicable
laws. All this was done and has been practiced without any understanding of
what is law. An approval by court of law or legislature was sufficient to
elevate any condition to the status of its being a law. There was no need to
explain rationale behind any particular law on the basis of natural course of
events. For example during the last century relationship between a doctor and
patient was reduced to a contractual relationship between a service provider
and service recipient with a patient having all the rights and authority of a
consumer. So by the stroke of a judicial pen the age old relationship of trust
was reduced to a commercial relationship. No consideration was paid to
intrinsic nature of relationship, dependence of patients on the skills and
knowledge of their doctors for their welfare and ability of patients to
appropriately use the legally conferred authority. Numerous instances of
legally perpetuated social imbalances are on record. Even judicial
interpretation of same set of laws is known to vary from time to time.
In formulation of laws governing any society,
natural course of events has often been ignored. Terms, conditions, procedures
etc. which should not have been defined as law have been defined as law. This
has introduced legally perpetuated chaotic elements incidental to human living.
Not only chaos, in many situations “might is the right” is the only law that
prevails.
Even in nature a law is a mandatory condition
that has to be satisfied to meet specified goals and objectives. For example to
call a piece of matter as living matter it has to satisfy all mandatory
conditions that are incidental to life. Therefore, howsoever diverse organisms
may be and whatever may be their conditions of existence, an organism can exist
as living being only if it is able to meet all the mandatory conditions
necessary for being alive.
However, nature is hierarchically organized and
applicable rules vary from one hierarchical level to another. Moreover
different contexts or set of circumstances may also make it obligatory to meet
specified goals and objectives in different ways. Therefore formulation and
applicability of any law is limited by nature and context of things and events.
Hence no law can ever be absolute.
Author: Dr Mahesh C. Jain is a practicing
medical doctor and has written the book “Encounter of Science with Philosophy –
A synthetic view”. The book begins with first chapter devoted to scientifically
valid concept of God and then explains cosmic phenomena right from origin of
nature and universe up to origin of life and evolution of man. The book
includes several chapters devoted to auxiliary concepts and social sciences as
corollaries to the concept of God. This is the only book which deals with
origin of nature and universe from null or Zero or nothing. Chapter – 34 of the
book defines law, describes chief characteristics of law and identifies some
general laws of nature.
http://curatio.in
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