Saturday, May 9, 2009

My freedom stops where yours begins

I wonder if you have ever thought about the true importance of the rather glib saying, “Your freedom stops where mine begins?” It is so simple yet it is actually quite profound and has equally profound implications.

It is at the same time rather vague and yet very definite. To me, this statement has relationships at the core of its meaning. By relationships I am never just referring to intimate relationships but to the broader meaning – our relationship with the world around us; how we deal with our fellow beings.

We all understand this statement and its implications and in our own way we follow it. While I am no lawyer, it seems that this statement is the basis of all laws; it is at the core of our understanding of ‘justice’ – what applies to me must of necessity also apply to you. It is at the core of our understanding of the term ‘criminal’ – someone who by their actions has, by deception or other means, wrongfully deprived me of something which belonged to me, which is rightfully mine or for which I had had a duty of care to protect (this, of course also includes the ‘worst’ crime of all, murder - depriving another of their life). It is at the core of the word ‘cruelty’ – wilfully causing pain and suffering to another being.

I cannot think of anything else because ‘justice’, ‘criminal’ and ‘cruelty’ covers just about everything. The Laws we enact are supposed to help the practitioners of the Law to draw the line at the point where my ‘freedom’ (to do what I like) stops and your ‘freedom’ (to do what you like) begins. This is not always an easy task, hence the plethora of laws, rules regulations and other constraints placed on our ‘freedom’ to live our lives as we see fit.

To understand the statement it may help to recall what Confucius had to say about justice and laws some twenty-seven centuries ago:

“If you govern the people by laws, and keep them in order by penalties, they will avoid the penalties, yet lose their sense of shame. But if you govern them by your moral excellence, and keep them in order by your dutiful conduct, they will retain their sense of shame, and also live up to this standard.”

So should this standard of ‘moral excellence’ come from the top down – from those who govern us, or from the bottom up – we tell those who govern us what to do? Or should we all do the ‘right’ thing?

Interesting.

1 comment:

wildhobo said...
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