Can an ethnically majority group have more rights than a minority? This question is at the core of all disputes of a democracy. If this is unanswered there is no end of disputes.
JUDGEMENT AND JUSTICE Is a judgement similar to justice? This is a big question . Is justice also delivered when a judgement is delivered? Or is it possible that a judgement may be devoid of justice? All such questions are less legal and more philosophical . These questions involve technical versus ideological status. Judgement is what has been been done and justice is what ought to be done. Judgement is not inherently justice. It may or may not contain justice, it may or may not deliver justice. These are well recognized positions in modern times and so institutions have been devised and evolved in modern times in forms of appeal, revision and review. If judgment is a synonym of justice what should be the purpose of appeals, revisions and reviews? The very existence of these institutions are proves in themselves that there is no certainty about the presence of justice in a judgement. But then how can we ascerta...
JUSTICE IS IRREDUCIBLE Every judgement is not justice . Some judgements are just judgemental. Some are only evaluative and some are just arbitration . Some more are merely reaffirmation and some are only confirmation. Reality is that judgements are something arguably debatable. A judgement is a product of its time and space. But justice is transcendental. After five and a quarter year only four persons sitting in a most comfortable setting decide that demonetization was legally right. Fine . But has this judgement which for all philosophical values is an opinion any soothing bearing on the pain and agony of those who had lost their present and their future by one decision? A very simple question is that can pain of loss be explained by legal pronouncements and decisions? And now a more complex question. We have have a lot of debates and discussions about democracy of political practic...
If we opt for social life we must not forget the cardinal principle of system which teaches us that in a social set up it is not a person but overall system which is more important for the social set up. Wheneve we disturb this setting our social set up wrecks and breaks. A person and her persona may be very important , may be so important that the entire system is redefined by that person but even then that person and persona can hold it's preeminent position only when the system exists ans functions welk according to the cardinal principles. Hence it's the system which is more important than the person. Does it mean that the system is more important than the freedom of individual and is it prudent in the interest of society to forfeit the individual freedom? The answer is emphatic no. In reality individual freedom is the sole guaranter of existence of rational system. When individual has freedom to grow as the desired value of that system , the system gets st...
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