Monday, August 17, 2009

The Universal Root & Reason of All Laws - Morally or Biologically based?

History has taught us that the foundations of most of the world's present laws, have their base in three distinct geocultural areas:

(A) Western Laws have their root in the twelve books of Ancient Egyptian Law (3000 B.C.) and the Codex Hammurabi in Babylonian Law (1760 B.C.). Now, while none of these helped mold our present jurisprudence, they helped shape what most westerners know as the Old Testament (1280 B.C.) from where we do base our present legal system. (Go to Law - Wikipedia)

(B) India and China are unique even amongst themselves; for India it's roots are in the Arthashastra (around 350 - 283 B.C.) and the Manusmriti (around 200 B.C.E. and 200 C.E.) and Traditional Chinese Law dates back to approximately 6Th C.B.C. during the Zhou Dynasty, with it's own kind of laws, which changed as the dynasties changed. (Go to Traditional Chinese law - Wikipedia)

(C) Islamic laws and jurisprudence were developed around the Middle Ages, but the roots were the Qur'an (610 C.E. - 632 C.E.) and the Sunnah (written during Prophet Mohammad's lifetime). (Go to Al-Islami.Com)

But what is the actual ROOT of all these laws and of other laws, in other geographical areas not mentioned above? What is the guttural, anthropological, biological and even psychological seed for every law ever written?

In one word: PAIN... or the avoidance of it. (OK... so I used a phrase.)

Well... What Is Pain?
According to an article in the International Association for the Study of Pain website (IASP), pain is... "An unpleasant sensory and emotional experience associated with actual or potential tissue damage, or described in terms of such damage. Note: The inability to communicate verbally does not negate the possibility that an individual is experiencing pain and is in need of appropriate pain-relieving treatment. Pain is always subjective. Each individual learns the application of the word through experiences related to injury in early life." (Go to IASP - Pain Terminology)

So if the root of every law ever made by man is the avoidance of pain, what type of pain are we referring to? Well, in my opinion, pain can be either (a) inflicted unto or by another person or (b) self-inflicted.

(a) Inflicting Pain on Another Person
The early version of the famous Catholic phrase "Do unto others as you would have them do unto you.", comes from the Ancient Egyptian concept of Ma'at (around 2040 - 1650 B.C.E.), which said: "Now this is the command: Do to the doer to cause that he do". These two phrases (which are in turn the same one) come from what is known as the Ethic of Reciprocity or the Golden Rule. (Go to Ma'at - Wikipedia and to Ethic of reciprocity - Wikipedia)

Let's not forget the main idea of Epicurean Justice which is based on the agreement: "neither to harm nor be harmed". (Go to Internet Encyclopedia of Philosophy - Epicurus)

(b) Self-Inflicting Pain (Self Harm is not always suicidal)
The motive why a person harms him/her self is mostly psychological and may range from depression, pleasure-seeking, cultural issues, etc. Self harm is not always connected to suicide, but it may cause life-threatening damage. (Go to Selfharm.net - Etiology - Underlying causes)

So if we can agree that rules, laws and commandments, are all based on the biological evolutionary necessity of pain avoidance (whether it's physical or emotional pain), I ask you the reader, do we really need subjective and dangerous terminologies like morality to create these rules, laws, commandments, etc? Can a person whom does not believe in a religion nor in deities, be a "good" (horribly subjective word... I know) human being?

Have we humans finally reached the stage in mental evolution, through science, technology and education, to finally begin to understand the improtance of the Golden Rule? The importance of Ethics of Reciprocity? The biological and socio-cultural need for Altruism in the way we treat, not only each other as humans, but also our mother earth?

We may agree or disagree and even digress on the exact reason for the invention and existence of laws, commandments, mandates or what ever you want to call them. But one thing is certain... for as long as we continue to make choices based on egotistical, black & white, geocentric ideologies, any decision we make towards each other and towards this planet, will not the the best one.

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