The Rule of Law

Posted On: Wed, 2008-07-30 23:21 by sitapati

My thought this morning:

Preachers should be compassionate. Administrators should be just.

When mercy replaces justice in a land, the people are left unprotected by the rule of law.

One of the great things about our modern political systems is that they are based on the idea that everyone should be protected by the rule of impartial law. There are no favorites, no elites who can act with impunity.

Of course the real deviates from the ideal in a number of cases, such as police violence, or political corruption, but these are recognized as deviations from the system, not part of it. Police are prosecuted, politicians jailed. No-one is above the law. We no longer have as a given "the divine right of Kings" - the idea that the King (or someone) is above the law, that the King makes the law, rather than that the law makes the King.

That system lead to many abuses of power, and continues to lead to abuse of power whenever it is implemented in an organization, whether it's a country or a cult.

When we suspend the fair and impartial rule of law, whether it's in the name of mercy, favoritism, or corruption, we remove this protection from the society and it's back to the bad old days of "it's all about who you know".

So by all means preachers, be merciful. But if you play the role of an administrator, be just. That is mercy.

Back in the day, shortly after Srila Prabhupada left this world, when the GBC found out that Jayatirtha Swami was taking LSD they went to Srila B.R. Sridhara Maharaja. Srila Sridhara Maharaja told them: "This is your first test, your first decision, your first pronouncement. People will judge the tenure of your administration based on this decision. Will your administration be characterized by justice or mercy? That you must decide."

The GBC decided on "mercy", and rather than applying an impartial and just measure they opted to cover up what was happening and try to restore Jayatirtha. The result was a disaster, and the reverberations of that decision are being felt even now.

Perhaps the GBC members were thinking: "What if that were me? What would I like to receive? Justice or mercy? Of course I'd like the mercy, so I'll give that."

Whether they were thinking that or not, this interpretation is inevitable.

When we look at advanced devotees such as Pariksit Maharaja, however, we see something else. When he was cursed to die he accepted this as his destiny. Due to his karma he had become implicated in the situation, and to get out of his karma he had to surrender to the Lord, not try to fight his way out.

Administrators administer justice for the purification of the individual and the protection of the social body. As an administrator as you do that you accept that in the same position, having performed the same actions you deserve and must receive the same treatment.

One of the big problems in ISKCON is that as a society it is not run on the impartial rule of law applied justly across the board. Its management structures are more akin to feudalism or tribalism.

Recently I've been discussing the role of the GBC (as both a global body and a local managerial person) with a friend. He expressed to me that it depends on the person in the position.

That's backwards. The person should perform the duties of the position, the duties of the position should not match the person. It is not a hereditary position where you're stuck with whoever you get, or a reward for long service where it gets given to anyone who sticks around long enough to get it.

At least not if it's meant to be a serious organization.

What do you think? Am I out of it, or on to something?

the problem?

ananda   |   Thu, 2008-07-31 15:33

ananda

Hare Krishna prabhu

Dandavats. All glories to Srila Prabhupada

What you seem to have explained makes logical sense. However, when you speak about a broad group such as GBC or ISKCON, it is paramount to re-state the problem clearly and definitevly. While i understand that you are talking about (mis) management issues, still it is necessary to state the specific problem and address the solution.

As for me, i know there are problems but to be honest, I am not sure i can define them succintly and clearly simply because every person has a different opinion of the problem. When one problem can be seen and defined in multiple ways, i think it would be wise to define the problem more clearly.

You talk about compassion versus justfulness in administrative duties and cited an example. Is the problem related back to the days Srila Prabhupada left this world or is it the same even today that still leaders make "merciful" calls versus "just" ones or is it based on case by case basis based on individual temples or is it a deep rooted problem seated withing ISKCON GBC administration.

Really, if we talk about the nitty gritty, in my opinion, each problem is so different that we would require it to be seen separately.

But, i agree, ISKCON has many problems and as an administrator it is very important to take a neutral ground based on shastra but at the same time deliver a merciful just decision. Mercy depends on our way in handling the situation and person and justfulness of the law is simply handing down the law without personal motivations. I think a responsible leader will have a merciful heart and justful brain to make the proper balance of mercy and justfulness in delivering the law. One can be cold and justful or compassionate and justful.

Still, i for one, have read so much about ISKCON's (mis) management that i am not sure what are the core primary problems and other secondary problems that needs to be addressed and an urgency index associated with the problems.

My 2 cents.

Thank you for the post.

Hare Krishna
ananda

Sita-pati das

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  1. "Whether I realize it or not, it is for self-purification that I write this blog."


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