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Law is a normative value to help society live in collectivity and harmony. For law to be a supreme regulator of all, it must become integral in theory and practice. An integral dimension of law helps State, society and legal systems to balance and harmonize competing claims arising out of complexity and heterogeneity of life and changing needs. Professor Dr. K. Parameswaran outlines his integral theory of law in this series of articles by showing how law must integrate knowledge from other disciplines; bring them under what law wants from them. “…Thus, when law becomes integral, it opens practical and yet unfailing solutions to assist peace, progress, prosperity and protection of all, for our current times and future age…” – author claims. Part I, discloses the ‘integral dimension of law’ that exists among Law, Spirituality and Justice.
We have seen previous columns in the series of the Nature of Legal Discipline in this magazine how law is understood from Natural, Positive and Real Theories of Law, and the four approaches to legal discipline– independent, interdependent, equilibrial and integral. Law is also seen from yet another angle–deductive, inductive and lateral reasoning to impact legal reasoning and logic. Integral dimension of law presents yet another new frame for solving disputes legally in a manner that is inclusive and all-encompassing, unifying and diverse. Besides there are also two models of top-down and bottom-up approaches to the making of law and society in the creation of order and justice in the society. However, to unify spirituality in the discipline of law is one of the futuristic methods that can help law achieve its noble goal – justice. How is then spirituality connected with all the dimensions of law and justice?
Current legal system largely follows outside-in method. This method can be amply illustrated with the existing theories of law from Natural, Positive and Real schools, independent, interdependent, equilibrial approaches to law and the deductive, inductive and lateral reasoning in legal reasoning and logic. Law is made, interpreted and executed only when the external social situations either warrant or provide a scope to do anything in the domain of law. This means, for example, unless alarming crime statistics raise in relation to violence against women, penal legal provisions in all the Statutes, Acts and their systems concerning violence against women remain in the same state of affairs without any need for reflecting or relooking into it. This influence into the domain of law comes from outside, externally and feeds into both law in theory as well as law in action. There are three elements by which an internal spirit of law and legal system is made to operate from outside. They are conception of order, command of sovereign and consensus of social collectivity. Conception of order is immanent in the existing state of Nature from the natural school and hence individuals in the society automatically conceive this idea of law and order and adhere to it as much as a legal obligation will be adhered to. Society makes law and legal system implement this conceived order externally. Command of sovereign from the authority of State and its head from the positive school brings the vision of the throne and seat of power by which individuals in the society are expected and their corresponding behavior is extracted with fear of punishment to follow the sovereign commands of the law. State makes law and legal system and brings the command of sovereign into social existence positively. Consensus of social collectivity as realists see is all about a bridging point between natural and positive schools of law. State and society make law and legal system in real and actual terms and reinforce each other mutually to bring order as well as positive legal command for the order. Law is not only immanent but a real play of interdependent forces between State and society, between authority and individuals.
In all these, individual or groups in the society accentuate the role of law and legal system from outside. Society externally ignites the spirit of law into the legal system from outside as an independent actor separate from the internal legal process. Even if society becomes a part of the process of law and legal system, it is more a reflection like that of the waters that emanate sunlight. In this, social, external and outward participation by individuals in the society in the making, interpreting and executing of law and justice is only a process indirectly impacted and not involved directly. Now, what is the other alternative to bring spirituality into the domain of law and justice when spirituality is all about inner, interior and internal processes of concentration, contemplation and self-realization beyond mind and five senses so to say at a preliminary level? In another way, how can we make this inward movement emerge from within to impact external life and social surroundings so as to achieve what law and legal systems aim to accomplish? What is this method of integral dimension of law between law and justice with spirituality?
Spirituality as inner dimension of religion holds key to fulfilment of both individual and collective life which discipline of law can significantly benefit from. This integration can be explained in this way. What is order legally, socially and externally, is peace spiritually and internally within. What is equality legally, socially and externally, is compassion spiritually and internally within. What is liberty legally, socially and externally is harmony spiritually and internally within. What is fraternity legally, socially and externally is goodwill spiritually and internally within. What is justice legally, socially and externally, is action for perfection in every individual in the society spiritually and internally within. When we understand these basic elements of spirituality–peace, compassion, harmony, goodwill and action for perfection of the individual and collective life in society, we can understand order, equality, liberty, fraternity and justice significantly in addition to their legal interpretations. Follow Part II to know how these spiritual principles fulfill aims and functions of law and justice.
Dr. K. Parameswaran, Associate Professor of Law, and has been Former Dean at Gujarat, National Law University (GNLU), Gandhinagar, taught at Symbiosis School of Law, Pune, NLSIU, Bangalore, NLU, Jodhpur, University of Madras, Indian Institute of Teacher Education (IITE), Gandhinagar, worked at Publication Department of Sri Aurobindo Ashram, Pondicherry. He authored ‘The Integral Dimensions of Law’ (LexisNexis).
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