ESSENTIAL PRACTICES OF RELIGION: THEOLOGY, RATIONALITY, AND FOLKS WISDOM

What is essence? A perceptual faith, a transitory imagination; a short sighted creation; a static wisdom; a rotten fruit. Nothing exists for permanency; nothing remains evergreen.The old wisdom has been that nothing qualifies as knowledge unless it frees. How does essentialization make a phenomenon free at its sublety? Essentialist vision of life is the chain, which needs to be set free.

In pre-modern society, essentialism was the process of fine guess. In modern society, it was used to rationalize in need of stability, order, and security. In post-modern era, a chain of tribalism has encaged, what has hitherto been the universalized myth of Equality, Liberty, and Fraternity. Nothing changed except a myth of 'no truth' became fashionable.

The origin and growth of human made laws were inspired with the cosmic order, a Hobbesian myth of power-jurisprudence, the Leviathan, was a rationale-legal God; the essence of all the essence, prisoned all the futuristic imaginations except, the Right Jurisprudence. Right in its particular direction swallowed up, each and every orientation of life; flourishing in need and desire of a particular human condition. To find an essential practice of religion, which was celebrated and practiced in past; and to re-impose it here and now, without any glimpse of change; is nothing but a slavery to the dialectical imagination (here I'm referring Hegel, The Philosophy of Right). And for Supreme Court comes forward in a role of fine theologian, in defence of secularism vis-a-vis Constitutional morality, without letting a culture to grow in its unique best! For many secualrist writers create a fashionable song of progressivism without paying the heed to the folks- wisdom. For no custom is meant to remain the same; let it grow in flux of time and in uniqueness of space. For wisdom is not missing in folks; it is absent in juris-generation.

Comments

Meeting Justice Rohinton Nariman in a Sunday Morning

Aristotle once wrote in his Nicomachean Ethics that there are four significant virtues for human beings, namely Prudence, Temperance, Justice, and Courage. There are a few judges who have courage and sense of justice, both. Hon'ble Mr. Justice Rohinton Nariman has been truly an exemplar judge and erudite historian, theologian and philologist, a great scholar of music as well as a courageous and meticulous jurist of our country. He did his Master of Laws from Harvard Law School in 1980-81 and taught by one of the finest jurists of the last century, Roberto Unger. He became Senior Advocate in 1993 in the age of 37 and also served as Solicitor General of India in 2011 before he was elevated as a judge of the Supreme Court of India in 2014. He delivered many landmark judgments, including Shreya Singhal v. Union of India. There are a few people with whom time moves too fast, but to count that experience takes ages. Justice Rohinton Nariman is one of those great jurists with whom a meet...

The Rhythm of Law: A Book Review

Book Cover of the Book Law is the subject and object of curiosity since the ancient civilizations started its journey of contemplation about the order within the nature; its mysterious paths inspired the germination of metaphysics. Initially, human's mode of existence lived as instinctual life as per the call of nature. Instincts were primarily used as a medium for survival and to receive the call of wisdom from the “order of nature”. Humans are primarily one of the modes of expression of the nature, as Spinoza calls it attributes which express the essence of God and modes which are derived from the essence of God or nature (Spinoza, Ethics). The doorway of all the laws, as brooding presence of harmony, may be received if one is alert to recognize its call. Prof. Raman Mittal has penned a beautiful book titled “The Rhythm of Law”. The uniqueness of the book is its potentialities to express the inexpressible wisdom. Martin Heidegger in his Magnum Opus, Being and Time, expresses the ...

Violence of Law and Ethics of Care

The worldliness of world is constituted by care (Martin Heidegger). Only in our concernfull dealing with the things around, the existence of being may be understood. In our everydayness of care and concern the world appears to our consciousness. Care is the language, a nomos of our existence, yet it is hardly perceptible in a world of law, which was rightly defined by Hans Kelsen and Max Weber as “legitimate use of violence”. The monopoly of political state over the violent nature of law makes it the most elevated institutions in relation to various social orders co-existing with the political state. Politics, once conceived as “an art of possibilities” by Harold Laski, is now becoming merely a language of allegations, counter-allegations, trickery and manipulation, in one statement, it symbolizes the archetypical character of violence whose expression is apparent in the existence of law. Violence has become our mode of existence in a sense that it speaks through us when the humanity f...

BEING AND BECOMING

Search This Blog