Law and justice are not always the same

Socio-civic development based on the evolutionary expedition of civilisations, and cultural and educational progress derived from uninterrupted research and experimentation boasts of exalting the stature of society and the dignity of human existence. Yet multi-dimensional conflicts and wars for power, extension and oppression amongst societies, classes, groups, factions, lobbies, systems, institutions and individuals portray a gory and bleak image of the status and dignity of the bipeds in the modern world.

The road paved with concrete political refinement, democratic struggle, legislative documentation, security provisions, promotion of equal rights and the so-called implementation of spirit of law and justice has led us to chaos and anarchy, in regard to egalitarianism and the quality of life of common people. A major threat to modern man and society is the official, documented and formal injustice. To make the picture more vivid, we can refer to Howard Zinn’s words, “It’s a strange thing, we think that law brings order. Law doesn’t. How do we know that law does not bring order? Look around us. We live under the rule of law. Notice how much order we have.”

Oliver Goldsmith rightly said, “Laws grind the poor, and rich men rule the law.” Let us dig deep into the background of the modern concept of law and justice and analyse its manoeuvring procedures and merciless outcomes during recent history. It would not be wrong to assert that the masses have been slow poisoned to gradually become submissive, meek and even slavish in the name of law-abiding spirit. It is nothing but a practice of mock justice, a well-organised savagery and a sophisticated kind of degradation of humanity. The most satanic and ominous fact about law is that it is created, documented, promoted, propagated and twisted by the most powerful, cultured, exclusive, blue-blooded and manipulating social segments of civilisations, while it targets the frailest, the poorest, the lowliest and the meekest. As a matter of course, law is not relevant to or encompasses the 1-2% folks who initiate it and shape, mould and amend its details. The most affected and vulnerable bipeds who form the 98-99 % portion of the population, in this connection, hardly have any say or even consideration in the development of certain legislative measures. Bertolt Brecht’s words, “The law was made for one thing alone, for the exploitation of those who don’t understand it,” are right on target to shatter the myth that law is for peace, equality and justice.

By all the socio-moral and religious criteria as well as rational and logical grounds, it is the element of equality that lays the foundation of a peaceful society and the pillars of law and justice and all related paraphernalia are erected on this tough ground (equality). So, if the existence of equality is not found among all the individuals and the segments of a society, the pillars of law and justice will work as the tools of the devil and lead the society to an ultimate collapse and catastrophe. Unfortunately, the most basic spirit, mentioned above, is a rare phenomenon in the major part of the global civilisations and societies, and the result is obvious.

In the words of Jean-Jacques Rousseau, “In truth, laws are always useful to those with possessions and harmful to those who have nothing, from which it follows that the social state is advantageous to men only when all possess something and none has too much.”

The annals of human history and civilisations are brimmed with lessons that law and justice sans equality have always paved the way for brutality, savagery and hatred, but the states, the organisations of the elite, the refined and the powerful strata have never been and will never be interested in learning anything from such documented experiences. Edmund Burke explains it further by saying, “People crushed by law, have no hopes, but from power. If laws are their enemies, they will be enemies to laws, and those who have much to hope and nothing to lose will always be dangerous.”

Even a cursory glance at the status of Pakistani society or any third-world nation will lay bare the fact that the law is the worst enemy of justice, humanity and socio-moral integrity. Here, privileges beget more privileges, exemptions bring forth extra exemptions and liabilities cause further liabilities and even vulnerabilities. Naturally speaking, all the people do not undergo the same capacities and intensities of the ups and downs of life, and, likewise, the prospects and blessings of a refined lifespan never knock at all the doors with the equal frequency and vigour. So, under the culture of multidimensional social stratification, any uniform law and justice framework for all and sundry is beyond any logical, rational, moral and jurisdictional limits. Above all, the major portion of the warps and woofs of the judicio-legal network, inherited by under-developed nations from their colonial masters, has been woven with the threads of highly evil and ferocious intentions. It is nothing but a conspiracy to enslave the masses and deprive them of their fair and legitimate freedom by exploiting the tools of illegitimate state law.

To assert natural freedom and the socio-moral responsibility of individuals and communities, Robert A. Heinlein says, “I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.”

Muttahir Ahmed Khan is an author, analyst, educationist, can be reached at Muttahir_khan@hotmail.com

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