|
The word 'society', for all outward look,
would just mean nothing more than a group of people come together on account of
their common ideology, cultural values, religious outlook and kindred
characteristics which unite them as a bond commonly linking them into the
pattern of a whole. The question is: Does society consist of individual
personalities, as human beings, or does it consist of the bond mentioned, which
is ideational? A society of people can be there even if their constituent
members happen to live geographically away from one another, but even a group
of people sitting in a single room may not form a society if among them there
is nothing to call a common cause. Actually, the common cause is what can be
called society, and not merely the persons. A large number of people travelling
in a railway compartment do not necessarily form a society.
What then is society? A society can
constitute itself into an administrative organisation, such as a government,
and frame laws and rules to restrain and order the life and conduct of people.
Who makes the law to administer whom? It is clear that people make the law to
administer people. Here a second question arises: How could law restrain people
since its very source is the people whom it is expected to restrain? If law is
something totally man-made, it cannot, obviously, have a restraining influence
on the very man who made it. Do we see laws being made by people in such
rostrums as a parliament? Are they not making rules to bind themselves at the
same time, since the lawmaker, at least in a democratic sense of values, makes
the law applicable to himself also? Does this sound like a quandary, that the
maker of law is bound by the very law he makes? The enforcement of law seems to
be associated also with physical force, without which there would be no means
of seeing that it is implemented by people. But, where is the source of this
power that enforces law? It will very uncomfortably appear to be hinging upon
the appurtenances of exercising power, the methodology of which is a matter of
common knowledge, all which will point to the interesting conclusion that even
right cannot be established without might. This, however, would reduce the
principles of law to a dependence entirely upon non-conceptual means of action,
such as physical force, though law itself cannot be identified with anything
which is physical, material or tangible.
The above observation only highlights the
difficulty in understanding society and law, but it does not answer the
question: What exactly is the law of society? May be that the difficulty itself
will open up a window for us to behold, a beam of light that can shed its rays
on the inner meaning of law, order and society. An example, further, we may
find helpful: Suppose that the supreme law-making body of a country, known as
the Parliament, consists of six hundred members, and suppose that five hundred
of them unanimously decide that something has to be done. This decision becomes
an Act of Parliament, since it is an opinion of a majority. But, if the very
same majority goes for a picnic in some remote village and then makes the same
decision, that would not be an Act of Parliament. But why should it be so, if
an Act requires nothing more than the will or the wish of the majority? It may
be said that it is not enough if the majority says something; it has to say it
in a particular place, in a particular circumstance in a particular manner, and
so on. But, place, time and circumstance are not persons, these are not members
of the Parliament. The situation boils itself down to the Parliamentary Act
being an organisation of several conceptual and ideological principles
operating in the minds of people and not the people themselves. The Parliament,
then, would be riot a body of people but a body of ideas.
Is the Idea prior to man, or is man prior
to the Idea? Nominalists are fond of affirming that there cannot be an idea
without a person having the idea, as there cannot be a quality without a
substance. But, great philosophers of the East and thinkers like Plato in the
West have held that Ideas are prior to their embodied forms; verily, they have
held that Ideas are super-physical realities and form a sort of eternal pattern
of the structure of the universe. An idea is not something that is projected by
the mind of a person, but it is, rather, something which is there requiring to
be embodied in form as mind and body. If this were not to be so, a law that is
an Idea cannot have any influence upon people, if people are the originators of
the Idea. People are afraid of law though there should be no reason for this
fear if the maker of law can also unmake it to his own advantage, since he is
the maker of law. There seems to be some super-personal cause, super-individual
and super-physical, which is the reason why it becomes necessary for people to
conceive such a thing as law and order. The acceptance of the fact of a
regulating law that supersedes the individualities of persons is a spontaneous
acceptance of the source of law being a kind of a universal requirement beyond
personalities. Do we not hear that even the final form of the universal
continuum is not anything physically measurable or conceivable, and the
universe seems to be more an organisation of law and order than a material
conglomeration of physical particulars? The philosophy of law will reduce law
in the end to the operation of an Absolute Idea. This would incidentally negate
any final value to be attached to the individualities of persons, even to the
visible form of the world itself, lifting Principle above every personal or
material consideration.
The administrative system, therefore, would
be, if it is to be true to the ultimate principle of law, a replica of the way
in which Nature as a whole works, or the Universal works in its entirety. Civil
and criminal laws have to bear relevance to the purpose of the life of each
individual and the purpose of even the group of individuals. People do not live
for nothing. The life of an individual is a link in the longer process of the
development of the soul from its present condition to its larger possibilities
in a higher Selfhood. The government of a nation would not complete its duty to
its citizens if it merely protects it from external attack and internal social
disorder, but at the same time does not provide for the needs of the inner development
of the individuals in their ascent towards the higher achievements of life,
culturally and spiritually. The administrator, call him a king if you so like,
is declared by the ancient law-givers of India to be a representation of
Divinity (navishnuh prithivipatih), in the sense that the administrator
is an organisation in himself, the significance of which provides the whole
country with a rule like the universal principle of God being immanent in
creation. The administrator is not merely a protector of people and their
caretaker but has to be endowed with a capacity to enter into the very spirit
which is embodied in people - the country is the large body of the
Administrating Principle, which is no more a person but a pervading law of
cohesion and integration.
|