Conflict resolution between the human law and the human conscience
|Topics:||Social Justice, 🗽 American Culture, 🟡 Morality, 👨🏻⚖️ Criminal Justice|
Table of Contents
The human law prescribes the actions in the settings of a society as either just or unjust to its accord. The forbidden traits set in a community leads to criminality in reference to each trait. The human law thus justifies the settings in a community in its evaluation of right and wrong. The question of to what length right is good and to what extent evil is evil brings up the portion of the human conscience. Nature seems to have its alternate solution for order since its existence surpasses that of human beings. Its laws do not alternate in comparison to the human law. Nature is with a default setting whose configuration by human laws always ends up retrieving severe consequences. A case of deforestation to drought brings up an apparent reaction from Mother Nature with global warming portraying its unforgiving nature.
Every actionable impact towards species reacts to an equal reaction. Mother Nature somehow describes an instinct of interpreting out needs from its surrounding. In most cases, we can reap what we sow and find what we seek as if to say that it guides our footsteps towards happiness and sadness as a consequence of our actions. Nature is not the existence of its actions for if it listens to our actions, it too serves a higher master, the Supreme Being.
The Supreme Law
There has to be laws that govern every single existence, Mother Nature being just a single servant in a set answering to a common master, the Supreme Being. The rising of the sun, the appraisal of the moonlight, the shining of the stars, and the offset of the night occur in a perfect unison that deserves credit (Cicero Marcus). The ingenuity that brings such marvel is a single operator, called God. God is beyond reach and understanding yet he seems to bring a feeling of closeness and complete understanding. All the universal laws bow down before Him. God’s laws govern all laws and our actions answer to His laws. The human ear’s ability to distinguish and identify different sounds is under a code of justice. The human ear can depict all the sound of love, anger, pain, regret, and rejection (Cicero Marcus). The eye identifies danger, beauty, and attraction as characteristic traits. Such variables cannot work in any way if not already in definition and instruction by certain guidelines of the law.
The Human Law
The Supreme law governs man as the sole guide for everything as the story of creation predicts. Man is his master who looks after all production including the plants and animals. Since a man is somehow a supreme image, he finds himself separating from the rest of his kind to create a different religion background, a different community layout, and a different language setting. The character attributes to his belief in the uniqueness (Locke John). The uniqueness is the difficulty in a single human law governing all the actions of men. A human law to a fellow human always faces some aspect of complete rebellion. A Supreme Law to a human law rarely meets resistance but mostly elements of doubt. The study suggests how human to human relations have more conflicts than human to God relations.
Human Law Benefits
The right to ownership of property is a human right and the human law coordinates restrictions towards the illegal means of goods. The properties may be personal or public, but legal rights to cope with exploitation are also a factor to consider (Locke John).
Most humans with the elevated status in the society may tend to oppress the weak with less to offer. The human law provides protection to the less often and protects them from the claws of exploitation and injustice.
The Human Conscience
The human conscience is a consequence of the Supreme Law, made to reason to its justification of right and wrong. The Supreme Law states no action of man having complete perfection. Since God speaks to man through his conscience, the human conscience tends to alienate itself from the imperfect works man tries to justify the human laws. The indirect relation between the human law and the human conscience results in a conflict.
The case of colonization
The end of the reign of colonization justifies the supremacy of the human conscience. Moral guilt wins over human law after the dissolution of the laws that govern the purchase and ownership of fellow human beings as personal property. The colonial effects on developing countries drag feelings of guilt and pity towards developed countries. The developed countries take blame for the state and condition developing countries find themselves in as a result of colonization.
The cases of corruption
Corruption cases tend to twist the human law and in turn corrupt the human conscience in return. The fact in turn becomes the concept of justice creating a barrier between the human law and the human conscience. The human conscience in turn creates a series of negative ideas about the judicial system and will always contradict a passing judgment in any case.
The event of gender equality
The Supreme Law of creation somehow resolves to exploitation after God made a woman a subject and a helper to man. Women in the society today suffer abuse and operation as a result of this. Some religious settings and communities give too much superiority to the male gender such that women do not even get an allowance to vote (Dick John). A woman’s morality is under attack since she does not take part in the decision-making processes of the community as a whole. The woman feels undervalued and a subject to oppression by the subjects of the opposite gender. The same case applies to the place of women in the job market and early.
Solutions and proposals
Fragmentation of laws
Human laws have an essential conclusion of a judge or a jury while the human conscience passes judgments on itself. The hands of the human law might twist, but the conscience takes no bribe and the person has to live with his or her actions. The laws that govern a small group setting seem to be more superior to the legislation that an extensive body. Measures need to implement an algorithm whose evaluation results to a suitable outcome are a must. The human law needs to be in fragments with supervised distribution to the multidimensional society to ensure its effectiveness.
Moral laws vs. human laws
The human laws state the obligation to law and order and in discerning good from evil. The law must however apply to every aspect of humanity and religion. The cases of early marriages in developing countries, denial of education to the girl child, to female genital mutilation needs an effective platform. The appraisal of these issues will create an alliance to a balance of power between the human law and the human conscience (Savirimuthu). The human law might then have a friendship request from the human conscience.
The damage to the human conscience discredits the environmental surrounding from any positive outflow. The feeling of rejection and the view of indifference from the society is a brutal weapon against any living creature. The case might be the primary cause of enmity between the two vices. There are no human laws to discredit racism and still an appraisal from the human conscience is an expectation. There cannot be laws that protect the conscience of animals and deny persons the same right despite their supremacy. Measures to minimize this damage should strike to an implementation level of assessment. All humans are equal, and the existence of contradictions between the human law and the human conscience is sufficient evidence of loopholes.
- Cicero Marcus. On the Laws. Available at http://oll.libertyfund.org/ToC/0044-02.php /Accessed c. 50 BC.
- Locke John. Property and Government: From second treatise on Government. Available at http://ideaofdemocracy.homestead.com/files/secondtreatiseexerpts.htm /Accessed 1690.
- The Declaration of Independence: IN CONGRESS. Available at http://www.archives.gov/national archives experience/declaration transcript.html /Accessed July 4, 1776.
- Dick John. The Seneca Falls Convention and Declaration of Sentiments. Available at http://www.pbs.org/stantonanthony/resources/index.html?bodySenecafalls.html /Accessed December, 10 2012.
- Thoreau Henry. On the Duty of Civil Disobedience. Available at http://sunsite.berkeley.edu/Literature/Thoreau/CivilDisobedience.html /Accessed 1849.
- King Martin. Letter from Birmingham Jail. Available at http://almaz.com/nobel/peace/MLK-jail.html /Accessed 1963.