Skip to main content

JUSTICE AND LINGUALISM: MESSAGE LOST IN INTERPRETATION

Each day I find a new judgment of the Supreme Court, breaks its own record of pages, writes too voluminously to be read by an ordinary mind like me. I have read somewhere a story about Swami Vivekananda who had to write a letter to his friend, but that letter was slightly long than expected. In the last paragraph of his letter he regretted with this statement, "I am sorry for this long letter. I don't have time to write a short one"! Writing something important in few words is an art which is learnt not in few days. In post-modern society discourses are like bubbles which remain for the time a new story replaces it with flourishing convictions. World Netizens, in a Cybernetics World love to express thoughts in few words; emoji expresses there more convincingly than sudden meetings of two strangers! Between these two extreme poles, an Aristotelean "golden mean" is desirable for the sake of avoiding "epysto-suicide" (Epysto-suicide here means a fatal strategy to write for the sake of writing).

It is a noticeable fact that the Apex Court has immense burden to dispense justice for more than one Billion people; especially knowing the fact that it is one and only court in the world who has oceanic jurisdictions; some are authorised through the Constitution from the very beginning, and others are resulted through innovative "Demosprudential Leadership". (Here I'm referring Upendra Baxi, Demosprudence v. Jurisprudence). Justice as a primordial virtue gets affected once the very means of communication creates a situation of Wittgensteinean linguistic limitation of justiciability. Big judgments are often seen to be misread and mis-interpreted by its stakeholders, sometimes it becomes desirable to clarify certain points in due course of time. Aadhaar Judgment has undoubtedly dispelled many a dark spots of curiosity and so created even more for the future to come.

Comments

Popular posts from this blog

Imagination

Student: I want to excel in my life. Over the years, my graph of success is achieving a new height. I am doing hard work to become one of the smartest and richest persons on the Earth. Teacher: Wonderful! Who is  achiever and what is achieved? Student: I am the achiever. My name and fame are shining day by day.  Teacher: Who is this ‘I’? What is the material by which it is produced? Student: I is the ego which is the agent achieving successes and facing failures. Teacher: Whether ego is real or imaginary? Student: It is made of name, form, and function. Teacher: Whether name, form, and function are eternal?  Student: No, they are changing. Teacher: Anything changes does it exist? Whether these are real or merely fictitious images appearing and disappearing before the sightscreen of mind? Student: They are the images constructing my identity as a person. Teacher: Well said! What is the stuff by which these images are made of? Who is maker and what is made? Student: They ar...

पिरोता जाऊँ एक माला ज़िन्दगी का

पढ़ता हूँ हर एक दिन एक ही पन्ना, हर दिन हज़ार ये मालूम पड़ते हैं। जबसे होश संभाला है एक ही पन्ना सवांरते आया हूँ, लोग इसे ज़िन्दगी कहते हैं। इसपे लिखे हर एक लब्ज़ जो मेरे मालूम पड़ते हैं, ना जाने कितने जुबां पे चढ़े होंगे। आज हम भी कुछ पल के लिए ही सही इसके सारथी हैं, जाने से पहले कुछ रंग मेरा भी इसपे चढ़ जाए, बस इसीलिए एक ही पन्ना बार बार पलटता रहता हूँ। हर कोई अनजाने किताब की तलाश में बाहर निकलता है, जिसका हर एक पन्ना वो ख़ुद है। जब ख़ुद के रंग को समझ ही ना पाया, तो भला इंद्रधनुषी किताब के क्या मायने हैं? अस्तित्व में ना जाने कितने पन्ने बिखरे पड़े हैं, बस एक से ही अवगत हो जाऊँ, उसके हर एक शब्द को चुनता जाऊँ, कुछ पल के लिये सही, पिरोता जाऊँ एक माला ज़िन्दगी का।

Human's Rationality: Its Unfree-Freedoms

Cosmic energy is moving into various forms and patterns, its quest is to become, what Arthur Schopenhauer called 'will to live'.  (Arthur Schopenhauer, 1818). He is explicit that: “Thus the will to live everywhere preys upon itself, and in different forms is its own nourishment, till finally the human race, because it subdues all the others, regards nature as a manufactory for its own use. Yet even the human race...reveals in itself with most terrible distinctness this conflict, this variance of the will with itself…”. Every ‘will to become' is a movement, encompassing the history of past and future; the degree of rationality and its gradation are normativized by thoughts as hierarchy of souls and monads. Human being as likeness and image of God possess the highest truth, indeed! In fact, human being is the only species who possess and owns the truth, it is the only mode of being who puts truth at stake, constructs its horizons and claim of legitimacy and illegitimacy, defi...