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The law and religion
published: Wednesday | November 12, 2008

The Editor, Sir:

It is apparent that Mr Pragnal in his letter titled - 'Confusing justice with righteousness', is either unaware or has chosen to ignore one of the most important philosophical principles in our legal system - natural justice. It is a principle that in many courts has been used to trump unjust laws or laws unjustly applied.

It is a principle based on the idea that there exists a concept of justice that all laws must in principle conform to, encapsulated in the idea that one should treat others as one would like to be treated, and that the innocent should not be unjustly treated. Interestingly, the former is an almost verbatim quote from the Bible, Mathew 7:12.

Evil acts

Pragnal cites examples of religious zealots performing evil acts in the name of religion. Examples of evil acts performed by individuals through the legal system abound in equal measure; for example, apartheid and slavery were firmly entrenched by iron-clad laws. These unjust laws motivated individuals in many cases by their religious beliefs to vehemently oppose and ardently advocate change, and in that process many of these zealots paid with their lives.

It is also interesting to note that the West's legal and political system, which Pragnal holds in such high regard, owes much of its evolution and global acceptance to the rise and propagation of the Christian faith; a fact that secularists, like Pragnal, seem to conveniently overlook. So while I do not support the idea of a legal system controlled by religion, I think it is very important that religion, being the most important framer of our moral values, be an active advocate in the shaping of our laws. For we must recognise that the legal system is not justice. It is merely a framework through which we seek to provide justice and many times in the interest of justice we must defy that same legal system.

I am, etc.,

PAUL DUNCAN

pduncan428@gmail

Kingston

Via Go-Jamaica


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