Skip to main content

Crime, justice and capitalism: Justifying violence on moral grounds


By Bhabani Shankar Nayak*
The right-wing henchmen and their liberal brethren provide moral justifications for extra judicial deaths during colonial plunders and imperialist wars. From Iraq wars to the killing of Osama Bin Laden, and from honour killings to domestic violence, police encounters, and custodial deaths around the world are part of the same genealogy, that justifies violence on moral grounds. Colonialism as civilising mission, imperialist wars for democracy and human rights are products of unfounded moral discourses shaped by the ruling class propaganda. The moral arguments continue to provide justifications to institutionalise violence and patronise it in the name of nationalism, religion, community and caste honour. The masses fall into such false intellectual narrative and celebrate such extra judicial, structural and institutionalised violence as justice. It has shaped the Orwellian proverbial expression.“Those who live by the sword die by the sword. Those who do not die by the sword die of smelly diseases”. Such a violent social formulation derives its cultural legitimacy from Christian theology. The Gospel of Matthew echoes it by saying “sword shall perish with the sword”. The patronage of violence is an integral part of most of the world religions. The idea of god and religions will perish without cherishing the ideals of violence and fear in the name of justice. In this way, normalisation and naturalisation of violence as justice derives its legitimacy from religious and moral discourses, which is antithetical to ideals of justice.
The moral foundation of extra judicial killing as justice is not new in the world. The modified version of the Hammurabian code and Anglo-Saxon culture of crime, evidence, punishment and justice continues to resonate in the 21st century judicial praxis. The origin and growth of crime and its moral foundation is intrinsically linked with ascendancy of private property from feudalism to finance capital. The economic construction of society and transformation of individual as a mere producer and consumer in support of capitalism both in its old and new forms led to the rise of crime. The culture of consumerism has promoted a culture of competition, where realisation of one’s own self-interest is supreme goal. The capitalist transformation of need-based culture to a desire-based culture with the help of advertisement industry, which has destroyed collective foundations of society. The ascendancy of capitalism has increased wealth without diminishing miseries. It has led to the concentration of wealth in the hands of few, and growth of huge social and economic in inequalities in the society.
The rotten capitalist system continues to produce miseries for many and prosperity for the few. Laws are made by the capitalist classes to protect their own interests. The Corn Laws were made to uphold the interests of landed aristocracies, mercantile classes and industrial bourgeoisie in early 19th century England. The legacies of such laws continue to exist today in different parts of the world. The special economic zones, industrial zones, agricultural zones, export and import zones are classic examples of policies, working conditions and labour laws, which disempower the working-class masses and empowers capitalist classes. The strong-security state and conformist bourgeois judiciary is important to provide protection to the private properties of capitalist classes. The capitalist system not only produces crime, it also uses organised criminal gangs to promote its regimes of capitalist profit accumulation.
Historically, alienating capitalist system is an organic incubator for crime and criminals. There is nothing new in the criminogenic character of capitalism. The law is used and interpreted differently to different classes of people. As a result of which American prisons are over flowing with black, ethnic minority and working-class population whereas Indian prisons packed with lower caste, tribal and poor population. The criminals have their classes. The punishments and prison cells are different according to their class location of the criminals. If criminals are rich and powerful; the law takes a different course whereas law takes its own course with poor and vulnerable. The unequal availability and accessibility to police, law and judiciary did not help society to grow in an egalitarian way. The police, law firms, solicitors, judiciary and prisons did not deliver justice. These judicial institutions of law and order did not help to eradicate social and economic problems of our times. It has rather helped to consolidate the power of the capitalist elites while the masses continue to suffer in different forms of miseries.
The contemporary capitalism is organised around ideals of illiberal and undemocratic governance of the society in which citizens are free consumers and wage labours. The ideals of individual liberty, freedom and rights are cosmetic covers to criminogenic face of capitalism. The capitalist societies do not overcome the problem of crime but it opens up in frontiers of crime every day in different stages of its development. The culture of crime and punishment is an integral part of the proportional retributive judicial system with bourgeois spirit in which ‘popular/elite consciousness and an element of desire for revenge’ plays key role shaping laws to regulate crime and criminals. The capitalist judicial system is based on the perceived notion of ‘good’ and ‘bad’. Such a system disciplines the citizens and does not destroy the crime and criminals. It does not reform the criminals or did not provide the environment for the criminals to develop their abilities to reform themselves. It normalises and naturalises the culture of crime within retributive judicial system that complements capitalism. The moral foundations of retributive justice derive its legitimacy from major religions of the world. There is nothing modern about it. It is feudal, medieval and barbaric in letter and spirit. The social, economic, religious and cultural conditions that produce crime and promotes criminals continue to thrive under capitalist patronage. Such a system moves the society into unending darkness of injustice.
It is time to understand and unravel the innate goodness and human values in human beings, which are destroyed by capitalist cultures. Crimes and capitalisms are unnatural whereas love and peace is natural to all human beings in all societies. The cosmetic vicissitudes of capitalism and its actuarial justice cannot solve the problems of crime. The world needs new language of penology by addressing the alienating capitalist conditions that produces and patronises crime and criminals. The establishment of a crime free society is possible and inevitable. It depends on our abilities to struggle for an egalitarian economy, democratic society and non-discriminatory governance based on progressive politics of peace and prosperity. Such decriminalised transformations depend on unwavering commitment of people’s struggles to ideals of liberty, equality, fraternity and justice for all. These ideals are indivisible to establish a crime free, punishment free and prison free society based on harmony and love for each other.

*Coventry University, UK

Comments

TRENDING

Abrogation of Art 370: Increasing alienation, relentless repression, simmering conflict

One year after the abrogation by the Central Government of Art. 370 in Kashmir, what is the situation in the Valley. Have the promises of peace, normalcy and development been realised? What is the current status in the Valley? Here is a detailed note by the People’s Union for Civil Liberties , “Jammu & Kashmir: One Year after Abrogation of Art. 370: Increasing Alienation, Relentless Repression, Simmering Conflict”:

Repeated failure to appoint Chief, other commissioners undermining RTI Act

By Anjali Bhardwaj, Amrita Johri* The post of the Chief Information Commissioner of the Central Information Commission (CIC) has fallen vacant with the retirement of Bimal Julka with effect from August 27, 2020. This is the fifth time in the last six years that the Commission has been rendered headless. Four posts of information commissioners are also vacant in the CIC. Currently more than 35,000 appeals and complaints are pending in the commission resulting in citizens having to wait for months, even years for their cases to be disposed, thereby frustrating peoples’ right to know. Since May 2014, not a single commissioner of the CIC has been appointed without citizens having to approach courts. The failure of the government to make timely appointments of commissioners is a flagrant violation of the directions of the Supreme Court. In its February 2019 judgment, the apex court had categorically stated that if the CIC does not have a Chief Information Commissioner or required strength

Sunil Gavaskar, G Viswanath rated Andy Roberts best fast bowler they ever faced

By Harsh Thakor  The West Indies pace quartet or battery of the 1970’s and 1980’s truck terror to deliver a knockout punch, like never in cricket history. One was reminded of bomber raiding an airbase or a combing operation. Andy Roberts was the pioneer in orchestrating or propelling the most fiery and lethal pace bowling attack ever in the history of the game. Simply the godfather of Modern West Indies fast bowlers. He spearheaded the pack from the mid 1970’s .Without Andy the talent of Michael Holding, Joel Garner and Colin Croft would never have blossomed.Michael Holding credits Andy for shaping his great bowling career, by infusing vital elements.

Adivasi land rights question in Telugu states: Digitization process without transparency?

By Dr Palla Trinadha Rao  This paper examines whether the Land Records Modernization Program initiated by the successive governments in Telugu States is beneficial to tribals in the Scheduled Areas in the light of special protective Land laws that are in force there. Digitization process or regularization of land records or land surveys without transparency will result in disempowerment of Adivasis. This can be tested in the case of Adivasis in the Scheduled Areas of Telugu States. British colonialism, through its land revenue policy and elaborate exploitative bureaucratic structure, made land alienable on a large scale especially in tribal areas. 1 Land and the forest produce remain the main source of tribals’ livelihood; but availability of land is restricted by forest reservation on the one hand, and non-tribal encroachment on the other. 2 In the Andhra Area, there were certain laws including the Agency Tracts Interest and Land Transfer Act, 1917 that existed before the inaugurati

Ultimate champion in crisis, arguably best ever skipper: Created history in Aussie cricket

By Harsh Thakor  In the history of cricket few cricketers knit and propelled a cricket team or had such profound influence on the game as Ian Chappell. Ian Chappell was responsible for converting a bunch of talented individuals into a world beating side, giving a dramatic turn to Australian cricket. Few cricketers ever led such a renaissance.

Largest democracy in world has become weakest at hands of fascist Hindutva forces

Note on “The Nazification of India”, a report released By Justice For All: *** This report, the Nazification of India, compares how Hindutva ideology not only is inspired by Nazis and Fascists of Europe, but their treatment of the Muslim minority closely follows developments that resulted in pushing Jews to the gas chambers. Situation is indeed quite alarming. The report says that the largest democracy in the world has become the weakest at the hands of the fascist Hindutva ideology. India today is ruled not just by a political party the Bharatiya Janata Party (BJP), but its mother organization the Rashtriya Swayamsevak Sangh (RSS). Because the BJP’s government policies are linked to extra-legal enforcement by RSS paramilitary street power, this report has coined the term “The BJP-RSS regime” to reflect their intrinsic links and collaborative relationship. The Nazification of India report marks the anniversary of the Gujarat pogroms of 2002 against Muslims which propelled the BJP-RSS

Varanasi social worker who has devoted her life for the ultra-poor and the marginalized

Passion Vista and its partners profile Founder and Managing Trustee Shruti Nagvanshi as  someone whom women leaders look up to: *** Shruti Nagvanshi, a social worker and human rights activist based in Varanasi, Uttar Pradesh, has devoted her life to reaching out to the ultra-poor and marginalized communities in India. Born in Dashashwmedh, Varanasi on 2 January 1974, she married Dr Lenin Raghuvanshi on 22 February 1992 and has a son, Kabeer Karunik, a Business management Graduate who is also a national level snooker player.

BSF's unconstitutional, whimsical order violates life, livelihood of Dalits, minorities

Kirity Roy, Secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), writes to the Chairman, National Human Rights Commission: *** I want to attract your attention towards the illegitimate restrictions on the life and livelihood of the villagers of Paschim Sahebganj village under Dinhata - II Block and Sahebganj police station in Cooch Behar district of West Bengal by the Border Security Force personnel attached with Dharala Border Out Post under 138 Battalion BSF. The population of Paschim Sahebganj village is around 1480, where almost 75 percent of the villagers belong from Hindu Scheduled Caste (Dalit) and 25 percent from minority Muslim backgrounds.The main occupation of the villagers is agriculture. About 260 acres of cultivable land in the village that belongs to the villagers is located outside the border fencing, which is heavily guarded by the Border Security Force (BSF). The BSF regulates the ingress and egress of the villagers to their fields through the fencing gates that a

An approach to lake/pond restoration by Ramveer Tanvar, Pond Man of India

By Monami Bhattacharya*, Mansee Bal Bhargava**  Lakes/ ponds are often referred to as an elixir of life, a living ecosystem that adds incremental value to the larger biota. Across the tropical landscape of the country lakes/ ponds are a common sight. Lakes/ponds have always shaped the life and livelihood of those dwelling in and around it. The dependence of the local population on these natural resources of water is noticeable since time immemorial. However, they are fading fast in both rural and urbanscapes from the popular parlance with the advance of humanity. It has been a popular notion to value land more than the waterscape and hence these nurturers of life are under stress in several areas. In many instances, these once beautiful waterscapes referred as the ‘Eye of the Earth’ are mostly now only dilapidated garbage dump yards emitting foul smell with no sign of a healthy ecosystem.

Urban crisis: Impact of erosion of democratic framework on Indian cities

By IMPRI Team  On 13th February, 2023, IMPRI Impact and Policy Research Institute, New Delhi in collaboration with ActionAid Association India arranged a book launch followed by lecture series under the title “India’s G20 Presidency & the Urban Agenda for the Developing Countries”. The event was held in Indian International Centre (IIC) Annex, New Delhi. The event began with the book inauguration session, under the honorary presence of Mr Sitaram Yechury, former Rajya Sabha member and General Secretary, CPI (M), accompanied by Mr Sandeep Chachra, executive director, ActionAid Association India. Session 1 | Book Launch: ‘Cities in Transition’ by Mr Tikender Singh Panwar The book launched was “Cities in Transition”, written by Mr Tikender Singh Panwar, former Deputy Mayor, Shimla and a Senior Fellow at IMPRI. Beginning with brief remarks on his book, Mr Panwar outlined the basic subject matter and the purpose behind writing the book, which he considers as a by-product of his experien