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The concept of justice is personal to every tribe of people, from every land on earth. A wrong done to a human being creates an "imbalance". I see it that way. Is it because I am Cherokee? I don't know.
Traditionally, the concept of justice within the Cherokee tribe was based upon a need for "balance". When a wrong was done, such as murder, then the imbalance would only be offset by "blood for blood". Once justice had been done, then all clans went on as though nothing had happened. Of course, what it ultimately taught was, if you kill, then you must die. The Cherokee also believed that a murdered man's ghost would wonder aimlessly until responsibility was taken for his death.
To meditate upon this, brings the conclusion that when a wrong is done, it creates unrest within the soul, until the one who did the wrong confesses. That all may hear it and agree that it was wrong and the one who died, was, indeed a victim.
The concept of justice within American society is drawn from law. That law is held as the light upon the imbalance. That all may see and agree that a crime was committed. However, punsishment is based more upon "motive". A cold-blooded murder is not the same as one committed in heat of passion, or even self defense, or accident.
American law itself is based upon reflection of each individual. What if that was me? Would I want to go to the electric chair for accidentally running over a person? Thus we have the law called "involuntary manslaughter". This says, yes, he did it, but there were extenuating circumstances which caused the death of the person and evidence proves that there was no malicious intent.
This too, I see as balance. But it is balance of a higher and more complex sort and it too is based on religion. The religion of tolerance and forgiveness. But also the philosophy of foresight. In other words, watch where you are going, lest you become a criminal or a victim.
Another way I see this concept of justice within America is, it is a wall to prevent the masses from developing the "sacrifice" mentality. Human beings can be some vicious animals at times moved more by their own vicious instincts rather than a sense of true justice.
Instinct does not require complex or critical thinking skills. When a person is accused of a crime, there are many aspects of the person and the crime committed to be examined. Circumstances surrounding the crime itself. Witnesses. Motive. Ect.
The concept of justice is not a simple decision based on what is said. Nor should it be.
Corruption of the concept of justice is an old and very present problem in all countries and tribes. It too, requires complex and critical thinking skills.
Learn more about this author, G E Barr.
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