A New Theory Of Justice

Bipin Adhikari

Source: http://www.nepalnews.com/contents/2009/englishweekly/spotlight/nov/nov27/review.php

Justice is a moral concept about what is right, fair, appropriate, and deserving. As a concept of righteousness, it builds on ethics, rationality, natural law, equity, fairness and similar principles. This is the reason why justice happens to be a complicated subject. Nevertheless, it is a subject that has been subjected to rigorous philosophical, legal and theological debates throughout the history.

Amartya Sen's new book The Idea of Justice ( Penguin-Allen Lane, 2009) is a major addition to these debates. A Lamont University Professor at Harvard, Sen presents in this book his theory of justice in a very broad sense. His understanding is based on a positive analysis of already existing general theories in this regard. Its aim, as Sen points out, is to "clarify how we can proceed to address questions of enhancing justice and removing injustice, rather than to offer resolutions of questions about the nature of perfect justice."

Dedicated to John Rawls, who wrote A Theory of Justice in 1972, one of the primary texts in political philosophy, the book goes far beyond his concept of justice. In his book, Rawls highlighted the problems of distributive justice at length and offered the concept of justice as fairness to solve the ensuing problems.

From fairness, Rawls derived his theory of justice which contained two important principles: the liberty principle and the difference principle. He argued for a principled reconciliation between liberty and equality. He also emphasized that "most reasonable principles of justice are those everyone would accept and agree to from a fair position."

John Rawls built on philosophical foundations laid by Kant and Rousseau - the two important predecessors in this area (among many others). He employed a number of thought experiments - including the famous veil of ignorance - to determine what constitutes a fair agreement in which "everyone is impartially situated as equals," in order to determine principles of social justice.

Amartya Sen who won the Nobel Prize in Economics in 1998, explores in this book the ways in which, and the degree to which, justice is a matter of reason, and of different kinds of reason. It is in the nature of human beings that they hardly agree on a final, perfect set of institutions and rules. Disagreements are quite common everywhere. It is because not everything is in principle resolvable. Moreover, different people regard different positions as just. As such, Sen argues that there is no need to overcome disagreement. The search for a perfect set of arrangements can distract theoreticians from tackling injustices that the human society needs to confront.

Sen's work is not grounded in idealised justice. It is grounded in what can be made to work practically in the real world. He argues that a philosophy of justice should require the agreement not just of the community which is making the laws, but of important outsiders also. The whole world has a role in it. It is in the nature of reason, says Sen, that it does not allow all questions to be settled from first principles; But these pluralities are not a shortcoming.

Amartya Sen has divided his book into four parts and eighteen chapters after sharing with the readers his approach to justice at the outset.

Part 1 deals with the demands of justice in general. It has four chapters which cover reason and objectivity in the justice discourse; Rawls' theory of justice and beyond: institutions and persons; voice and social choice: impartiality and objectivity; and analysis of closed and open impartiality.

Part II deals with forms of reasoning. It also has four chapters: position, relevance and illusion; rationality and other people; plurality of impartial reasons; realization consequences and agency.

The materials of justice are discussed in Chapter III. It also has detailed explanations on lives, freedoms and capabilities; capabilities and resources; happiness, well-being and capabilities; and equality and liberty.

The last part explains democracy as public reason. Here he also gives his impression about the practice of democracy, human rights and global imperatives, and the place of justice in the world.

Amartya Sen holds that justice has a key role to play in the concept and practice of democracy. But his emphasis is not in terms of the institutions of a democratic state, but in terms of its capacity to enrich reasoned engagement. Democracy allows public argument and debate. It allows public reasoning. "The working of democratic institutions, like that of all other institutions” depends on the activities of human agents. But democracy “has to be judged not just by the institutions that formally exist, but by the extent to which different voices from diverse sections can actively be heard.”

At the heart of Sen’s argument is a respect for reasoned differences in our understanding of what a “just society” really is. He stands firmly within the traditions of Anglo-American philosophy, but the book is full of philosophical references from the Indian sub-continent and their analysis in view of contemporary problems. He has been able to bring Buddha, Ashoka and Akbar in his theoretical discourse in such a way that nobody ever even tried to do.

The book is long and repetitive at times. But the breadth of Amartya Sen's vision and intellectual keenness make it an outstanding work for every thinking person.

lawyers_inc_nepal@yahoo.com

Suffering opposition leader

Tek Nath Rizal, Torture Killing Me Softly (Kathmandu: Human Rights Without Frontiers Nepal & Group for International Solidarity, 2009)

The book is an authoritative, rich and compelling narrative of the man who represents the movement for democracy and human rights in Bhutan. It might once again remind the rulers of the present day Bhutan that there is no sustainable alternative to national reconciliation between the monarchy and the opposition forces. Bhutanese need national unity, and the new king has a meaningful role to play in this regard.
Bipin Adhikari

BOOK REVIEW http://www.nepalnews.com/contents/2009/englishweekly/spotlight/nov/nov13/review.php

Tek Nath Rizal needs no introduction in Nepal. An opposition leader of Bhutan, sentenced in 1993 to life imprisonment, Rizal has been associated with human rights movement in his country for more than three decades. He was imprisoned by the Bhutanese establishment from 1989 to 1999 at the Chemgang detention centre, about eight kilometers east of Thimpu.

According to Amnesty International, Rizal was held "for the peaceful expression of his political beliefs, in particular his campaign against government policies unfairly affecting members of the Nepali-speaking community in southern Bhutan." After 10 years of imprisonment, following national and international pressure, he was granted amnesty by King Jigme Singye Wangchuk on 18 December 1999, the Silver Jubilee year of his accession to the throne.

The book Torture Killing Me Softly is a tale of suffering Tek Nath Rizal lived with when he was in detention. In his preface to the book, Rizal explains: "Spending ten years of my life in the most degrading and inhuman conditions of the Bhutanese prisons, I made a considered decision to share my experiences with the rest of the world. The primary objective behind writing this text is to reveal the other side of the so called last Shangri-La, where ethnic cleansing is being practiced as a state policy, in the name of maintaining cultural purity."

The book is not just about his personal experience, but also "the nature, extent and magnitude of mental and physical tortures inflicted upon hundreds of citizens in the Bhutanese prisons and virtually throughout the nation on a daily basis." It is also related with the thousands of Bhutanese refugees in Nepal and other places of the world.

There are sixteen small chapters in the book including an epilogue. The introductory chapter familiarizes readers with three main ethnic, linguistic and religious groups of Bhutan - Ngalongs, Sharchhokpas and Lhotshampas. The author emphasizes here that all these groups lived in perfect communal, religious and ethnic harmony through centuries, until the fourth king of Bhutan, Jigme Singye Wangchuk ascended the throne in 1974, and started a discriminatory regime in the country. These arrangements were especially aimed at the Lhotshampas - the Bhutanese people of Nepalese origin. This chapter also explains how circumstances forced Rizal to leave his motherland into exile in Assam and Sikkim, and then in Nepal. In Chapter II, Rizal states:

"The [Bhutanese] king was enraged at my political activities and requested his counterpart, the then king Birendra of Nepal, to extradite me to Bhutan. On November 16, 1989, I was arrested in the midnight from my bedroom by Nepal police from Birtamod in Eastern Nepal, along with two of my colleagues, Mr Jogen Gajmer and Mr Sushil Pokhrel. The next day we were taken to Kathmandu and handed over to the ADC of the king of Bhutan, Colonel V. Namgyel, who is at present Ambassador to Nepal and India. He was waiting for us in the Druk aircraft kept on standby at the Tribhuvan International Airport. The three of us were forcefully taken to Bhutan."

The author does not adequately explain what must have transpired between the King of Nepal and King Jigme, when the former agreed to extradite him to Bhutan, but the future development showed, the goodwill shown by Nepal King had no encouragement on King Jigme to sort out the problem inside the country and restore a regime of justice and nondiscrimination. With this starts the regime of torture, which is the main theme of the book.

The next six chapters deal with Rizal's account of the living hell in Rabuna prison, conditions at Dradulmakhang prison, Rizal's protests when he was in Chamgang, his final week in prison, and the last suffering there. Here and there, he highlights the sadistic mind control torture used alongside other physical torture tactics in these places.

"Torture was not confined to primitive physical assault by using whips, clamps, chains, ropes and giving electric shocks but also involved application of various scientific devices like light sensitivity, very high sound decibels, microwaves on my conscience. The objective was clear: destabilize the mind, induce anomalous behavioural changes and create dissociation. A combination of sensory isolation and beaming different kinds of energy in the brain were used to procure the desired result. Systematic efforts were made to destroy completely my senses but my deeper sub-conscious remained alive inside me. This has been instrumental in my post-torture mental reconstruction process, owing to which I have recollected myself to share my experiences with the world."

In Chapter IX, Rizal explains the situation leading to his release in 1999, the first day of freedom in Thimpu, efforts towards battling in Thimpu as a human rights and political activist, and the pain of fleeing his homeland for the second time. At this stage, he shares his thoughts in bold terms once again: "I thought for a moment that the declaration of my innocence might bring a change in Bhutan's deplorable politics and governance. I also thought that the problems of the innocent inmates and the discrimination against Lhotshampas would finally be addressed. Sadly, I was totally wrong."

This is more or less the conclusion that has been corroborated in the rest of the chapters as well. King Jigme has already abdicated his throne, passing the discriminatory regime to his son, the new king of Bhutan. There is no change even though Bhutan has a leader of a new generation. The two decade long refugee crisis is still without graceful solution.

The book is an authoritative, rich and compelling narrative of the man who represents the movement for democracy and human rights in Bhutan. It might once again remind the rulers of the present day Bhutan that there is no sustainable alternative to national reconciliation between the monarchy and the opposition forces. Bhutanese need national unity, and the new king has a meaningful role to play in this regard.

lawyers_inc_nepal@yahoo.com

Success for all to see

The book Men in White: The Untold Story of Singapore's Ruling Political Party is the first comprehensive work on the role of People's Action Party (PAP) - the longest surviving and undoubtedly the most dominant political party of Singapore in nation building. Established on 21 November 1954, the PAP is the party of the main builder of Singapore, Lee Kuan Yew who gave leadership to Singapore not as its first elected Prime Minister from 1959 to 1990, but also its moral force up to this day. PAP has dominated Singapore politics for more than half-a-century ever since. It remains the ruling party today with a tally of 12 general election victories. There is no doubt the success of Singapore owes much to the success of the PAP as a driving force.

Reviewed by Bipin Adhikari
http://www.nepalnews.com/contents/2009/englishweekly/spotlight/oct/oct30/review.php

Singapore is a success story for all to see. Founded in 1819 as a British trading colony, Singapore joined the Malaysian Federation in 1963. The Federation did not work for it. This led to its separation from Malaysia two years later. Its tough journey as an independent country starts from here.

As an independent country, Singapore had some major challenges to overcome: national security, the poor local economy, lack of democratic institutions, and many social, racial issues. The vulnerability of Singapore was deeply felt, with threats from multiple sources, including the communists, Indonesia (with its confrontational stance), and extremists who wanted to force Singapore back into Malaysia. The challenges of the transition were enormous for the political lot of the country.

The new country was able to deal with many of these challenges very successfully. By the next three decades, the independent Singapore had become one of the few wealthiest countries in the world in terms of GDP (PPP) per capita. It is a vibrant society, making outstanding achievements in all socio-cultural sectors, science and technology, and modern infrastructure. A highly developed and successful free market economy, Singapore enjoys a remarkably open and corruption-free environment, stable prices, and a per capita GDP equal to that of the Big 4 West European countries.

The idea that a small island city-state of two million people with no hinterland could survive in what was then a difficult and troubled region seemed manifestly absurd. But the country not just survived, but also developed and flourished as one of the most juggernaut economies of the world.

The book "Men in White: The Untold Story of Singapore's Ruling Political Party" is the first comprehensive work on the role of People's Action Party (PAP) - the longest surviving and undoubtedly the most dominant political party of Singapore in nation building. Established on 21 November 1954, the PAP is the party of the main builder of Singapore, Lee Kuan Yew who gave leadership to Singapore not as its first elected Prime Minister from 1959 to 1990, but also its moral force up to this day.

PAP has dominated Singapore politics for more than half-a-century ever since. It remains the ruling party today with a tally of 12 general election victories. There is no doubt the success of Singapore owes much to the success of the PAP as a driving force.

Three senior researchers Sonny Yap, Richard Lim & Leong Weng Kam have narrated the PAP story in three parts. The first part, authored by Sonny Yap and Leong Weng Kam, covers the turbulent early years of the PAP and the divisive politics it was trapped in. In the second part Richard Lim tracks its transformation into a formidable political force of Singapore. In the third part, the team examines the PAP's survival strategy; and what could destroy it. The Editor in Chief, Cheong Yip Send, notes in his preface:

"For many generations of Singaporeans, especially those born after independence in 1965, the early years of the PAP are a very distant memory. If this book helps stimulate in them, as well as generations to come, an abiding interest in our past, the years of work that have gone into this book would not be in vain. We cannot be a strong nation if we cannot remember our past."

Written in the journalistic style, the book is very comprehensive in its treatment of the major aspects of Singapore's transition. It is based on the documents and records of the party, oral history of its members and opposition players, and interviews of the many of the surviving players, including of several before they passed away. It is not just the pro-establishment actors, but also those who differed in both the process and outcome of this transition, who have been given enough space by the book.

It tries to project comprehensive pictures of the events since the 1950s, and the views of all - those for or against the PAP. The party is very apprehensive of communist political ideologies, despite a brief joint alliance with the communists against colonialism in Singapore during its early years. The idea of survival as an independent nation has been a central theme of Singaporean politics ever since. The book also shows how the PAP coped with this issue in its difficult years.

Lee Kuan Yew, who has contributed foreword to this book has noted: "At the time it was happening, I could only guess what my adversaries were thinking and planning to do to demolish us. Many of the accounts in the book I read for the first time. They may not have revealed everything and could have burnished their narrative for posterity. Nevertheless, their recollections added spice to the narrative. I had pointed out some factual errors but told the writers to decide who is more reliable. The final version is their book and they had to exercise their editorial right."

Singapore is a parliamentary democracy. But its human rights records have not been encouraging. Even in the 21st century, with all modernization, an easing of restrictions on freedom of assembly has been overshadowed by heavy penalties and restrictive measures imposed on opposition activists, journalists and human rights defenders.

While political opponents are allowed, the various arrangements which are in place have the effect of suppressing dissenting voices. There are presently about 23 registered political parties in Singapore. The book hardly shows any references on how honestly the PAP and its leaders tried to ensure their participation in nation building. This book is going to have many comments from the writers' compatriots in this area.

Nevertheless, this is a very perceptive work. I strongly recommend this book to the leaders who have a noble cause and determination. It will teach them how to be futuristic.

lawyers_inc_nepal@yahoo.com