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

Post a Comment

Popular posts from this blog

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...
Post a Comment
Read more

The Reciprocal Grounding of Freedom and Moral Law in Kant's Critique of Practical Reason

I Introduction: The Problem of Transcendental Freedom In Immanuel Kant's practical philosophy, transcendental freedom and the moral law are established not as independent concepts but as reciprocally determinant principles. This blog examines the central thesis of the Critique of Practical Reason, which posits that the moral law serves as the ratio cognoscendi (the reason for knowing) of freedom, while freedom is the ratio essendi (the reason for being) of the moral law. We become aware of our freedom only because we are first conscious of the moral law as an unconditional command; the "ought" reveals the "can." Conversely, the moral law itself could not exist as a binding principle were freedom not a real property of the will. Through a critical analysis of Kant’s text, this paper traces his argument from the rejection of all empirical moral theories to the establishment of a purely formal law, known as a "fact of reason." This analysis reveals how Ka...
Post a Comment
Read more

The Physical Basis of Conscious Life: A Synthesis of William James's Physiological Psychology

I Introduction: Bridging Physiology and Psychology William James, in his landmark work The Principles of Psychology, provides a foundational framework connecting the brain's physiological mechanisms to the purposive, selective, and unified nature of conscious mental life. This blog analyzes James’s synthesis, which grounds psychological phenomena in the material workings of the nervous system without reducing consciousness to a mere epiphenomenon. We will explore his hierarchical model of the brain, which evolves from simple reflex actions in the lower nerve centers to the complex, deliberative functions of the cerebrum. Key themes include the role of the cerebrum as an organ of foresight and prudence, the physiological mechanism of habit as the process by which experience physically imprints itself upon the brain’s plastic matter, and consciousness's essential function as a “selecting agency” that is causally efficacious in steering the organism toward its own interests. Ultim...
Post a Comment
Read more