Peter, let me pass this on to you; I hope you may find it relevant and helpful!
http://bahai-library.com/articles/criminality_punishment.pdf
Regards,
Bruce
Bruce,
\I doubt that the average murderer by arson is terribly concerned with the good of his soul in the next world, nor does he have the view of God that would let him go snapping his fingers and singing to his own death. That's martyrdom, not execution.
Execution is a bitter thing, especially in this world today. It causes nearly as much division and anguish as abortion, The European view is that execution is not a desirable means of punishment.
Mr. Schaefer has some interesting takes on what modern 'justice' has become--not an instrument of justice at all, but a utilitarian approach to deterring crime.
Unfortunately, the utilitarian approach does not really deter crime. Crime and murder are not usually utilitarian acts in the first place.
The crumpling of society around us is obvious to anyone who looks, things ARE falling apart under their own weight and we are in a conundrum as to how to deal with that fact of life.
Mr. Schaefer's pdf article is amazing (though I wish I could fix the obvious typo--'it should be 'yoke of oppression' which is a quote from Baha`u'llah, not 'JOKE of oppression' as it is in the document.)
I would also suggest Schaefer's article:
The new morality: an outline
Bahá'u'lláh made it very clear that the "weakening of the pillars of religion" would "lead in the end to chaos and confusion. Indeed, when there is no God, no metaphysical responsibility, no metaphysical sanction for misdeeds, when our existence is purposeless, there is little motivation to do good and to shun evil. "
Of particular interest to me were the listings of divine virtues:
Truthfulness (and the associated virtues of honesty, uprightness and sincerity) is "the foundation of all human virtues", without which "progress and success in all the worlds of God is impossible." Truthfulness is of crucial importance for one's spiritual health. It is the opposite of falseness, hypocrisy, dissimulation, untruthfulness and lying, which is "the worst of qualities", the "most odious of attributes", the "foundation of all evil", "a destroyer of all human perfections and the cause of innumerous vices. Hypocrisy, a constant danger particularly in religious circles, is strongly condemned.
Trustworthiness has been elevated in the Bahá'í scripture, where it appears as "the supreme ornament of the people of Bahá", "the greatest portal leading unto the tranquillity and security of the people. Trust is a fundamental condition of life. Mistrust, which stunts men's spiritual life and their relationship to one another, can only be overcome in an atmosphere of trust.
Justice (
'adl wa ináf ) has a unique rank. It is the sum of all worldly virtues. Its precedence over all the worldly virtues is in accordance with the philosophical tradition. Justice is a complex concept and its many different ramifications cannot be covered here. It should be mentioned that the Golden Rule is also an expression of justice as are such injunctions and commandments as to pay "regard for the rights that are due to one's parents" or to "refrain from slander, abuse and whatever causeth sadness in men", "from backbiting or calumny.
Justice (
'adl wa ináf ) has a unique rank. It is the sum of all worldly virtues. Its precedence over all the worldly virtues is in accordance with the philosophical tradition. Justice is a complex concept and its many different ramifications cannot be covered here. It should be mentioned that the Golden Rule is also an expression of justice as are such injunctions and commandments as to pay "regard for the rights that are due to one's parents" or to "refrain from slander, abuse and whatever causeth sadness in men", "from backbiting or calumny.
Moderation, one of the classical ethic's four cardinal virtues, aims at the "happy mean." It is a fundamental value for individual and social ethics. According to Bahá'u'lláh, everything "carried to excess" exercises "a pernicious influence upon men", especially freedom and material civilisation. Hence, moderation should be exercised "in all matters" an injunction which applies even to the practise of the virtues themselves.
Wisdom and prudence, which are concerned with the right way of thinking correspond to the complex concept of
ikma. This term denotes the discernment of relations and connections, the knowledge of the practical conditions and requirements of life, the real assessment of concrete situations, the clear and right way of knowing, concluding, judging and planning, and the choice of the "right means" and "right ends: "The sword of wisdom is hotter than summer heat, and sharper than blades of steel. Man should "put on the armour of wisdom" and "be guided by wisdom" in all his doings, and "under all conditions. The source of wisdom is the fear of God, which is "the essence of wisdom. Wisdom and prudence are the beginning of all moral action and thought. Both are always focused on the good. Not only must the end be good, but the means must be good as well. The end does not justify the means. Wisdom and prudence should be applied especially when propagating the message of God or implementing the laws of God, "so that nothing might happen that could cause disturbance and dissension or raise clamour among the heedless--a clear warning against fanatical rigidity and excessive legalism.
Devotion to others: love, loving-kindness, mercy and compassion.
Whereas justice is the sum of all virtues, love (
maabba) is the foundation of all morality, the very prerequisite of the "worldly virtues." These two are interdependent: love which is devoid of justice, is mere sentimentality and emotive effusiveness, it is, as Thomas Aquinas put it, "the mother of disintegration; justice without love, however, turns into cruelty
Justice, moderation, and wisdom and prudence are all counter-balances which a code of justice must have. And, in the interest of society, we must demand that all those virtues are kept to the forefront when a system of courts and justice is established.
----
Regards,
Scott
