Monday, August 01, 2005

The Ouroboros: Justice, Law and Wealth

In a postmodern democracy, the rule of law has a tendency to become self-defeating. As a democracy matures and grows, within a free market framework, focus and attention shift from law and justice to material objects. Justice is forsaken in pursuit of goods and services. Individuals misinterpret the law and justice is misunderstood. In turn, injustice and justice become synonymous. Consequently, the rule of law becomes unjust and more importantly citizens are unaware of the difference. Furthermore, the rule of law becomes a litigious monster and devours justice. In effect, it takes the form of an Ouroboros. The Ouroboros is the result of a modern democracy, which has lost the meaning of justice. The symbol is quite useful, for it reveals a society, which begins to devour itself. Moreover, the Ouroboros grows when the rule of law and justice become absent. Thus instead of a vibrant and clear understanding of the rule of law and justice, both become sedentary and useful only for those who wish to use it for their personal well being.

Man is unaware of this creature. He through his middling nascent nature, which a sedentary rule of law establishes, diverts his attention from justice to material gain and wealth acquisition. For when men are complacent and ignorant of the law they lose touch with the fragility of justice. Justice is fragile for it must be constantly adhered to and society must make a rigorous effort to see that justice is done, regardless of the cost to their material goods.

In other words, justice can be manipulated and distorted by powerful agents within society. When justice becomes distorted then men begin to assume that justice is ‘served’ and ‘justice is blind’, however these sentiments are sung to pacify his ignorance. Moreover, true thought and questioning of the legal and justice system may open doubt about the demos’ personal nature and priorities in life, which can be hurtful and even worse life altering. Thus, the Ouroboros slowly strangles justice. In a postmodern democracy evidence of this monster abounds.

For example, the duty of sitting on a jury is seen as a nuisance and an undue interruption to an otherwise fulfilling materialistic day. Moreover, this is demonstrated by postmodern democracies, which must pay individuals to serve on a jury. Justice and law is the centrifugal force holding society together. If we must purchase juries and in effect justice then it is a sign of the Ouroboros. Yes payment may need to be done in the name of equality and compensation, however this tool of payment is the only incentive to serve on a jury. Justice is not an incentive in this society; it is a nuisance.

Furthering this example of justice as a lost is the reading of Miranda rights. This sheepish action illustrates the demos’ ignorance of law and justice. For if one is aware of his or her rights then they must also be conscience of judicial outcomes. In other words, lack of knowledge concerning basic rights is litmus for a burgeoning materialist class. For if the laws do not involve the consumption of goods, dividing of property or devouring of wealth then it is of no consequence. On the other hand, if citizens are knowledgeable about justice and the rule of law then society will perpetuate freedom instead of blind allegiance to wealth. In effect, knowledge, philosophy, and active understanding will break the Ouroboros.

3 Comments:

Blogger Matthew J. VIator said...

I'm intrigued by your observations. However, knowledge of anything outside of the scope of your concerns is an outrageous thing to expect of humanity. How many self-indulgent philosophers have sat around pondering the skeptical question, "If a tree falls in the forest, does it make a sound?" Like most things, this question demands that 'you' must be somewhere for reality to be occuring.

I have less faith in the general populace. It is a very lamentable state of affairs that most people do not see the obligations of justice a priviledge, but these are the same people who only see the value in upholding their beliefs. Call me kooky, but I believe exclusivity is the death of the modern democracy. And lest you be fooled, I find exclusivity to be in everything from Religion to Class to Race.

I will also contend that Democracy is not a single definition, nor a particular philosopher's brainchild. Rawl's Liberalism, Pettit's Republicanism, Locke's perspective vs. the Greek vs. Hobbes vs. Dahl. Everyone's got an opinion about what democracy is and what it ain't. I fear it is the inherent nature of 'the great experiment' that the founders undertook. Perhaps we shall, as humans, only live to see the eclipse of our principals until the armageddon when all theories will evaporate with us. Perhaps by some miracle we will finally find the perfect balance and maintain a utopia.

You're point is very valid, but I fear that the greed of humanity will never allow for the ills of wealth and materialism to disappear. Even the great civilizer, Religion, historically falls to the corruption of money and decadence. It is our nature. What shall we, as humanity, do to stop it? I don't have an answer, but I think that the pendulum needs to shift back a bit to the middle again in this country so that we can see without these damned conservative tinters. Perhaps even this idea of moderation is a farce as well, only a foolish hope for a species to polarized in truth to ever accomplish such an ideal.

Thoughts?

10:28 PM  
Blogger JDAvignon said...

I quote Sam Harris:

"Life is to short, and the world too complex, for any of us to go it alone in epistemoloical terms. We are ever reliant on the intellegence and accuracy, if not the kindness of strangers."

10:31 PM  
Blogger Matthew J. VIator said...

Touché.

7:30 PM  

Post a Comment

<< Home