One Legal System for One Human community:

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By H P Roychoudhury

[Law of justice keeps the balance by the law equality:]
See all 7 photos
[Law of justice keeps the balance by the law equality:]
Peace Palace, Seat of ICJ: [ Court of international de justice] International Court of Justice:
Peace Palace, Seat of ICJ: [ Court of international de justice] International Court of Justice:
[United Nations- Flag]
[United Nations- Flag]
 [Dr S Radhakrishanan, the Hindu Philosopher, a man of versatile knowledge and the 2nd President of Independence India]
[Dr S Radhakrishanan, the Hindu Philosopher, a man of versatile knowledge and the 2nd President of Independence India]

One Legal System for One Human community:

[One Law One Nation]:

One community of human beings irrespective of caste, tribe, religion, language and country living in this earth should have one legal system if we consider ourselves as one cultured, developed and advanced in the 21st Century in the field of mutual understanding in creating a world of peace and tranquility. India was an underdeveloped land of superstition and it had framed its constitution based on the Parliamentary system of British administration but with much more modification after independence of India in 1947, keeping judiciary as an independent body. But even in this under developed part of the world, there were few human beings whose thought of philosophy is in no way inferior to any developed part of the world. The name of S. Radhakrishanan, the IST vice President and the 2nd President of India is an exception to thought of.

Dr. S. Radhakrishanan:

He was Sarvepalli Radhakrishanan, an Indian philosopher and he was who introduced the thinkers of Western idealist philosophers into Indian thought. He was a teacher of every aspect of life. He was not only a master in philosophy but also a master in classic of Hindu philosophy, namely the Upanishads, Bhagvad Gita, Brahmasutra, and commentaries of Sankara, Ramunuja and Madhava. He acquainted himself with Buddhist and Jain philosophy and philosophers of Western thinkers such as Plato, Plotinus, Kant, Bradley and Bergson. He was once called to Oxford University to deliver lecture on Hindu philosophy. He was successful to place Indian Philosophy on world map. Once he said “ Our colleges of law do not hold a place of high esteem either at home or abroad, nor has law become an area of profound scholarship and enlightened research”

Vision of PM of India:

The Prime Minister of India, Dr Manmohan Singh, the architect of Indian progress of economy expressed his views in the National Conference for Second Generation Reforms in Legal education to provide a world class legal education through a ‘dramatic reform’ of the present system to ensure citizens get speedy and affordable excess to justice. Exceeding India he thought of other countries of South East Asia as well. His vision was to establish a new South Asian University by the Indian government with other South Asian countries that would ultimately expand to include an outstanding law faculty with an eminent global faculty. Of course he added that “our new five-year law schools across India have shown that we are second to none when we make up our mind but we have to spread this excellence for ensuring inclusive legal education”.

Justice of Law demands common acts of legality:

In view of reform of legal system everywhere with the understanding of the maturity of the human value PM said “ If we are to have a society …where the common man and common woman gets speedy and affordable excess to justice, if we are to have in our country the turbulence in effect of the rule of law, if we are to have an economic environment where contracts are easily enforceable, then we must ensure that our law teachers, practicing advocates, corporate legal luminaries, legal advisers, judicial officers and legal facilitators are indeed men and women of high intellectual caliber”. “And this is possible only if there is dramatic reform and improvement in the scope and quality of the legal education system”. This is true for every country and everywhere. There would not be any bar to merge the high quality of legality in sorting the problems relating to local or international level. If the Global distance reduces to zero by speedy flight making the large Earth to a small cricket ball, why does it not possible to think of the merging of law of different countries and conversion of continent to one nation of human beings in the sphere of administration and justice.

Non-Proliferation of Nuclear Weapons:

No doubt, this is a vital issue for the survival of human life irrespective of country, religion or community. It does not require a reminder of imagination as it was almost 65 years ago the world stood horrified at the events of Hiroshima and Nagasaki. But till today the world opinion is not unanimous to halt the spread of nuclear weapons.

The Judiciary of India:

The Judiciary of India is not a part of the Executive and Legislative wings of the Government of India.  It is an independent body. The judicial system of India is classified into various levels. The Supreme Court is at the top of Judiciary, which is followed by High Courts at the state level and District Courts at the district level. The structure of the judiciary system in India is a follow up system of British administration that was prevalent in the country during pre-independence era.

[Secretary General of United Nations]
[Secretary General of United Nations]
[Helpless refugees of Darfur under the care of UN]
[Helpless refugees of Darfur under the care of UN]
[Refugees who lost their home and hearths are now under the care of UN]
[Refugees who lost their home and hearths are now under the care of UN]

Inter national Court of Justice:

The International Court of Justice or in French: Court international de justice; commonly referred to as the World Court or ICJ:

The Court is the primary judicial organ of the United Nations. It was established in 1945 after world war-II and since then the Court has been functioning from its center at Peace Palace in the The Hague, Netherlands. Its object is to settle legal disputes submitted by the States and its function is to give advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly. The decision of the International court is not accepted by many countries in most of the times. Many times the International Court has been criticized with respect to its rulings, its procedure, and its authority. The Court is not empowered with full authority of separation of powers. Any permanent members of the Security Council can disobey the earlier consented decision, the members being able to veto enforcement at the neck of final decision of international importance. The act of voting against the united decision by any member is due to the desire of his country men or for the wish of his friendly countries or communities. The ultimate decision depends upon the citizens of the country. If the ‘Reform of Law’ local or abroad are nurtured every where in every country, the self interest, the local interest, the religious interest, the community interest, the interest for the sake country will slowly tend to transform to the value of humanity when voting against the United decision of Security Council will never arise.

The Myth of the Independence of the Judiciary in Europe:

The legal system is flouted by few politicians for self interest. Netanyahu said “We will not accept a situation in which any former Israeli Minister will be summoned to the defendants’ chair” in public. According to him any Israeli politician is beyond the law, beyond questioning for any war crimes against humanity. Such a statement would create an atmosphere that would not be favorable for a real end to the conflict. Law of conscious is a part of humanity. It is a test of judiciary for America, Britain and other countries of Europe to allow the Israelis to build settlements in the West Bank and Jerusalem killing thousands of Palestinian citizens.

Comments

dreamreachout profile image

dreamreachout Level 2 Commenter 2 years ago

Dada, I am a businessman and courts are a part of our regular activity!! I dont know about the world but in India its just a myth that judiciary is above all!! People are just twisting and using the courts to their own use!! There are lots of faults as well!! What do you say when somebody suppresses a summon by bribing the postal staff and gets out a warrant in the name of his adversary? The adversary has to go through all the harrasment and through the system to get himself acquitted!! He cant voice anywhere whether the the judiciary or executive that its wrongfully done and the said thing should be dropped without the paraphenelia!! Its lopsided and thus without any credibility!!

The 498 section in Indian laws is wrongfully being used by educated urban women to harass men and arm twist them to get an additional portion of the alimony!! In 99% of the cases men are finally acquitted without fault!! Then why the harrasment? Isnt it a fault with the judicial system that they dont or cant verify before accepting a plaint or petition!!

Its just a few wonderful judges around the country who by their personal wisdom act differently in aiding the harrased!!

Thanks for this timely and very practical hub!!

H P Roychoudhury profile image

H P Roychoudhury Hub Author 2 years ago

Hi dreamreachout,

Issue of warrant by suppressing repeated summons, Wrongful use of Sec 498 of Indian Penal code – all are operational defects which requires research and modification but there is no fault lies with the legal system, the Judiciary of the country is a independent body. Justice is never denied even though it takes a long time. It is a subject of research how to reduce the time to give relief to the victim. Unless there is increase in morality, there would not be any increase in human value. Life is not for self interest, pleasure and luxury but also for sacrifice. The true pleasure lies in the quantum of sacrifice. Thanks for sharing.

tonymac04 profile image

tonymac04 2 years ago

I found this very interesting to read. I believe that all are entitled to justice and yet the justice system in many countries is so flawed. The independence of the judiciary is a very important and very basic principle and yet politicians, as you point out, so often flout it.

Love and peace

Tony

prasetio30 profile image

prasetio30 Level 8 Commenter 2 years ago

I learn much from this hub. Thanks for showing me all about this. It really open my eyes about what happen out there. Thank you so much Mr.Roychoudhury. Sorry I am not really know well about politic. But I hope the best for this world...peace!

H P Roychoudhury profile image

H P Roychoudhury Hub Author 2 years ago

Hi tonymac04,

Thank you for stopping by and giving your opinion in favour of the independence of judiciary in every country for a descent peaceful human life.

H P Roychoudhury profile image

H P Roychoudhury Hub Author 2 years ago

Hi prasetio30,

We are talking of world peace but an emerging country never remains away from destructive weapons. Security Council failed to come to any unanimous decision to set world piece because citizens except of his own country are not upgraded to think for the citizens of the world. Teachings of law and the necessity of ‘Reforms of Law’ is well worthy for a true world peace.

OpinionDuck profile image

OpinionDuck 2 years ago

HP Roychoudhury

I agree that it makes sense for the judiciary to be independent from the Executive and Legislative branches of government.

In theory it works, but as proven time after time again in the US, it has many problems in its application.

One of the problems is the legal system as the application of justice. I would have to write a hub to describe all of the faults and problems in the US system.

I will just mention a few of the problems with the legal system. The biggest problem is the monopoly possessed by the lawyers. You cannot advance your legal case without their assistance, and because they are a legal monopoly they can an do charge fees that are very expensive for the average person.

In civil litigation, there are two major cases. Those that are derived from Tort Law and the rest of the cases. The difference with Tort law is punitive damages. This is where the awards to the attorneys can reach high six and seven figures. In theory, it was to set an example to the defendant that the cost of repeating this tort would be very costly. This would be the case for some wealthy person or large company.

In the case of a company the cost of this award is passed along to the consumer. A big part of the award goes to the law firm, and the other part goes to the plaintiff. In theory the punitive damages should go to the people in the same class as the plaintiff.

For their hourly cases, the lawyers charge several hundred dollars and hour plus expense. Sometimes their fee is a thousand dollars an hour or more.

These lawyers don't guarantee their work, and they get the same fee whether they win or lose your case. The complexity or their work doesn't warrant these high fees, but alas, they are a monopoly.

In the past several decades there has been a very litigious pursuit by law firms to sue anything that can be sued. These law firms are very creative in their pursuit of revenue. These legal wins increase the price of products and services beyond their actual need to increase.

As for criminal justice, there is no such thing as a presumption of innocence. You are perceived as guilty from the time that you are a suspect or have been arrested. From that point you are guilty, and the best that the judicial system can do is give you a not guilty verdict.

Consider that a arrest is really just an opinion that you committed a crime. Yet, you have no means of returning to your pre-arrest innocence.

The phrase "innocent until proven guilty" doesn't ring true.

The Constitution is interpreted by long living Supreme Court Justices and over the decades have yin and yanged its interpretation.

Take the Fifth Amendment with its right to remain silent. If you kill one, or hundreds of people, you have the right to remain silent. But if you killed someone and stole a million dollars, you cannot remain silent on your income taxes. It is a separate felony to evade your taxes, so you must provide the IRS with that million dollars of income. It doesn't matter that you have to sign your tax return under penalty of perjury that you have revealed all of your income on your tax form.

Income taxes were not even part of the country when the US Constitution was created, and the Fifth Amendment came before the Income Tax Amendment.

This was an extreme example, but the exclusion of the Fifth Amendment for pecuniary reasons just doesn't make sense, just dollars for the Treasury.

The law is no better than religion, and the world cannot agree on either of them.

Thanks.

H P Roychoudhury profile image

H P Roychoudhury Hub Author 2 years ago

HI Opinion D,

I highly appreciate your concern for the legal system of US, the pillar of democracy subjected to the awful distress to the common people. But what does about the ethics of the constitution. Judiciary is independent and in no way it is sub-ordinate to senators or even to President. All problems lie in the implementation of the system. In a democracy it is the people who are the supreme authority to choose the system. Well, I am an Indian, I may not be correct to comment on the legal system working in the actual field in the United States. Legal professionals are taking the advantage of charging high fees making the system immune to poor people. Well, this is possible because of the monopoly of few legal persons. If the teachings of legal practice are open to all with little expense, more people would have been infused in the profession which would foil the monopoly of the present legal personals. In a democracy, the change of system is not a problem in any country.

James A Watkins profile image

James A Watkins Level 8 Commenter 2 years ago

The United States and certainly not Israel should ever acquiesce to International Courts such as you prescribe. The United Nations is a joke. Iran on the women's rights panel? Libya on the human rights commission? The United Nations is 192 mostly despotic regimes aiming to punish the US and Israel at every turn, while the US pays half the expense to maintain this decidedly anti-American anti-Israeli body. What have they done that is worthwhile? Stop the genocide in Rwanda? They were right there watching! What thousands of Palestinians have the Jews killed? How many Jews have blown up buses full of women and children? Do Arabs want peace with Israel? Then why do they repeatedly publicly announce they intend to anihilate the Jewish state?

OpinionDuck profile image

OpinionDuck 2 years ago

HP

An adequate not even elite school would cost over a quarter of a million dollars to get a law degree in the US.

H P Roychoudhury profile image

H P Roychoudhury Hub Author 2 years ago

Hi James Watkins,

No doubt, there is logic in your every account but we must require a world forum to redress our grievances. Peoples’ mind is changeable. What the people think today may not think tomorrow. Is it not necessary to keep the door open for amicable settlement to bring peace in the world?

H P Roychoudhury profile image

H P Roychoudhury Hub Author 2 years ago

Hi Opinion Duck,

“Over a quarter of a million dollars to get a law degree in the US”- is detrimental to the citizens of US. In a democratic country if the people can raise the voice against health care why do not the protest against the legal system of education?

creativeone59 profile image

creativeone59 Level 4 Commenter 23 months ago

Thank you HP, I think it should be one legal system for every human being. Great hub and information. Thanks for sharing. Godspeed. creativeone59

H P Roychoudhury profile image

H P Roychoudhury Hub Author 23 months ago

Hi creative59,

Thanks for your valuable comment.

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