TheUniversalCodeOf CivilizedExistence

Saturday, June 9, 2012

Western Jurisprudence

          Western Jurisprudence is based on the Christian precept of Original sin - all sinners must offer penitence and seek forgiveness.  
    The legal system presumes that since we are all sinners, we should be particularly understanding of human frailty and be open to any plea for compassion - however vicious the crime.
    Western justice, while admittedly compassionate, tends to undermine the principle of personal responsibility, dignity and integrity.  
    Embracing the precept, of human frailty, results in the undermining of individual responsibility. Most criminals, under the existing justice system, rush in to blame everyone and every social institution for their shortcomings and/or inadequacies. The justice systems continue viewing every act, however prejudicial to one's own or another person's well being, as acceptable within the human-frailty realm.  
    Regretfully, some persons are truly evil e.g. Leaders who decree genocide,  those who would abuse and murder helpless children and those who would rape and murder their victims.  
    All faiths and cultures have promulgated the principle of "personal responsibility" as the basis for moral and judicial consideration. It is, by far, a more compelling base for dispersal of justice than the "sinner principle".  
    Society should consider introducing a law that provides that all persons over the age of16 (adults) are called upon to accept responsibility for all their actions and will be held and prosecuted for any action that is detrimental to the general public's interest and/or another individual's well being.  
    The individual's freedoms to experiment, act, emulate, imbibe, devour, snort, indulge, are unlimited and his responsibilities are clearly defined.
    The principles of "adult responsibility" and "no defense" will apply ; each person actions will be viewed by society with the intent of awarding the worthy and punishing the criminal - in accordance with the severity of the crimes committed.  
    If one drinks and drives and causes property damage - the "no defense" principle applies - judged and fined in accordance with severity of damage inflicted.
    If one drinks and drives and inflicts physical impairment or death upon one's fellowman - judged in accordance with the severity of the crime.
    If one freely partakes of drugs and inflicts property damage, or bodily harm - no defense and judged in accordance with the severity of the crime.
    If one maims or murders because of perceived injustices, when the courts of justice are readily accessible - no defense and judged accordingly.  
    A society, undoubtedly, undermines the sense of responsibility of the individual by accepting a defense "of being under the influence of" liquor, tobacco and drugs or the leadership of religious, spiritual and/or witches/devils.
    A society provides a heightened sense of pride, dignity and integrity and a true appreciation of individual freedoms when it declares that all persons are free to promote or espouse all philosophies of life and partake of all substances, natural or chemical, subject to their acceptance of total responsibility for their actions and the resulting consequences.       
            

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