Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Sunday, May 20, 2018

KARL MARX AND THE SOCIAL SCIENCES


Home20 May, 2018

In this bicentennial year of Karl Marx’s birth, there has been a great deal of celebration of his work and ideas. Many essays that appeared in the global media during the first week of this month –Marx was born on May 5, 1818 – emphasized the relevance of his critique of capitalism even today. The sharpening world crisis, which we have been witnessing for some time now, has been precipitated by economic globalisation. Globalisation and neo-liberal reforms have pushed the world into an unprecedented degree of uncertainty at the social, political, moral and existential levels. Some commentators see signs of the return of ‘an age of anger’ with unpredictable consequences.

It is against such a dystopian backdrop that many commentators in the West as well as the non-West have begun to return to Marx’s work to find intellectual tools to simply come to grips with what is happening in the world and where it is heading. One point that even Marx’s critics agree is that no other thinker, before or after him, had examined and analysed capitalism, its dynamics and destructive consequences so sharply and penetratingly as Marx did. Tributes and backhanded compliments that have been paid two weeks ago to the old master even in the bourgeois press in London, which pilloried him during the second half of the 19th century, tell us that it is time for us also to re-read at least Volume I of Das Kapital.

This essay attempts to outline another important contribution that Marx made to expand the horizons of human knowledge about the world – social science methodology and theory.

Backdrop

Marx had an extremely active intellectual life for about 40 years, starting from the early 1840s and ending in 1884. Poverty, exile and ill health did not prevent him from reading and writing on an amazingly regular basis. He read volumes and volumes of books, newspapers and periodicals and wrote, mostly in German, on themes, in a range of fields – philosophy, economics, politics, history, social change, social theory and of course, capitalism, working class struggles, revolution, and socialism. He was a newspaper columnist too.

The period of five decades that covered Marx’s intellectual life was also the period during which one of the most important developments of human knowledge occurred in Europe, that is, the birth of modern social sciences. A contemporary French thinker and philosopher, August Comte, who was 20 years senior to Marx, inaugurated this ‘scientific turn’ of the study of human society. Comte wrote his famous The Course in Positive Philosophy during 1830 and 1842 as a series of small texts. It is Comte’s The Course that laid the foundations and arguments for a new ‘science of society.’ His aim was to establish a new discipline, the mandate of which was to produce reliable and true knowledge about society, that can be used for social engineering and reforms in the crisis ridden post - Revolutionary France. The 1840s were the formative years of Marx’s intellectual life.
Comte’s key epistemological argument, which came to be quickly shared by a host of German and French thinkers, ran as follows: It is only when social thinkers produce reliable knowledge that their ideas can be meaningfully used to design social policy. The enlightenment tradition of critique and philosophising produced only speculative and dubious knowledge about society that could hardly guide social reforms and state policy. If social thinkers were to produce useful knowledge, they should adopt an entirely new methodological approach in order to see society as it is. Comte saw such an approach already being employed in the fields of physics, astronomy and other natural sciences.

Comte believed that by adopting the same methodological approach, which had been so effectively used in the natural sciences to produce major breakthroughs in knowledge, the study of human society could also become a ‘science’, fundamentally different from philosophical speculation. In fact, Comte proposed a new system of social knowledge, calling it ‘sociology,’ meaning, ‘the science of society.’ It was to be based on a new methodology. He called the latter ‘positive philosophy’ or ‘positivism.’ Comte’s positivist method was the application of the empiricist method of the natural sciences in the study of human society. This is how modern positivist social sciences originated.

Marx’s search

The 1840s was also the time when Marx as a young doctoral degree holder in Philosophy in Germany, had begun a hugely ambitious search for an entirely new philosophy, social theory and methodology to understand the world and of course to change it. Marx’s writings do not indicate that he was part of the intellectual groups of academic philosophers and social thinkers who were influenced by Comte’s work. Rather, his sources of inspiration were initially Hegel, and then radical social activists and working class leaders. The latter were also trying to propose a different project of social engineering, that is, radical social reforms that would benefit the victims and left-outs of Europe’s raging industrial capitalism and its prosperity for the few. But Marx went beyond the project of social reform and invented the goal of social transformation and replacement of capitalism by socialism through revolution.

Interestingly, Marx defined, conceptualised and articulated his own intellectual project, with its strong radical orientation, within the traditions of European philosophy and science. As his writings of the 1840s indicate, he spent his entire youth, to study, critique and, as Luis Althusser has shown in For Marx and Reading Capital, to settle accounts with the dominant tradition of European philosophy and social thought. Kant and Hegel had been the major figures in the modern European philosophy, which Marx critiqued as a philosophy of idealism. One of Marx’s goals during his youth was to discover philosophical foundations for a new paradigm of social inquiry.

Marx’s critique of contemporary European philosophy and social thought had a number of elements. One of its key aspects is that he was looking for an alternative paradigm of ‘knowing the world’, or a new epistemology. Epistemology is that branch of philosophy, which deals with questions about the means, ends and justifications of human knowledge about the natural and social world. Since Francis Bacon of the 17th century, epistemology had acquired another dimension of meaning – methodology and methods of gaining knowledge. As a mid - nineteenth century philosopher-cum-social thinker, Marx was also looking for a new ‘science of society’ that differed from philosophical metaphysics, enlightenment rationalism as well as idealist epistemologies.

Historical materialism

This is where the question of science and ‘scientific method’ entered Marx’s thought as well. As much as Comte and his disciples were keen to produce a new social science, Marx also was busy with exploring the possibilities of a new social science during the 1840s and early1850s. As adulatory writings on Marx by Engels, Marx’s co-thinker, and Lenin and Trotsky, Marx’s eminent disciples, show, Marx thought of himself as the founder of a new ‘science.’ In fact, Engels thought that Marx’s theory of historical materialism was as important a scientific discovery as was Darwin’s theory of evolution. Both, according to Engels, were epoch making discoveries that revolutionised the human understanding of the natural and social worlds.

Now, as a self conscious ‘scientist’ of society, Marx had to tread a particular path of discovery available within the European traditions of philosophy and science. Realising that the ‘idealist’ tradition of the philosophical mainstream was of no help to construct methodological tools to understand the social ‘reality,’ Marx turned to a minor tradition, which he called the ‘materialist philosophy’ of the ancient Greeks and post-medieval philosophers. That is how Marx came to appreciate ‘English empiricism’ the founding philosopher of which was Francis Bacon. It was Bacon’s book, Novum Organum (‘New Instrument’), originally published in Latin in 1620, which laid the epistemological foundations for the modern natural and social sciences. The way in which Marx settled accounts with English empiricism warrants at least a brief discussion at this point.

Rationalism and syllogism

Before that, a brief explanation of why Francis Bacon is relevant to our discussion on Marx and the social science methodology is warranted. It was Bacon who in his Novum Organum and other writings invented the philosophical system, and also the myth, about the ‘scientific method’ which provided the epistemological and methodological scheme for modern natural and social sciences. In the classical and medieval Europe, there were two dominant epistemological traditions and both were varieties of metaphysics. In constructing his new scheme, Bacon thoroughly rejected both these pre-existing traditions.

The first was the Aristotelian tradition of rationalism and syllogism. Its key epistemological position was that the authentic means to producing correct knowledge was the existing knowledge claims and propositions already developed by philosophers by means of deductive reasoning. Christianity and the Church provided the other path of knowledge. According to this theological epistemology, the faith in the divine revelation, divine prophecy and their infallibility were the sole means to justify and accept knowledge claims about the world.

By this time, as Edgar Zilsel, an émigré Marxist historian of scientific thought of Austrian origin, living in exile in New York, showed during the 1940s, there was an alternative tradition of knowledge production in practice among artisans, technicians and scientific workers. It was the method of experimentation.

Artisans and technicians, say when building chariots, furniture, and even roads and bridges, found divine revelation and scholastic dogmas of no use in the production of their professional, technical knowledge. Experiment, trial and error, and observation -- in other words, ‘experience’ – constituted their method of producing knowledge. It was this method that professional scientists in European academies improved on and effectively employed to make astounding scientific discoveries in physics and astronomy.

For justifiable reasons, it was this method of scientific knowledge production by means of experimentation and experience, as opposed to metaphysics of both, the Christian theological and Aristotelian scholastic traditions, that came to be known in European philosophy of science as the Galilean model of scientific reasoning, named after famous Galileo.

Empiricist Method

Now, what Bacon did in two influential texts, Novum Organum and Advancement of Learning, was the systematisation, within a framework of philosophy, of this experience – based approach to the production of scientific knowledge. Bacon delivered a scathing attack on the Scholastic and Theological metaphysics, accusing them of producing ‘false knowledge.’ By doing so, Bacon also laid out a scheme for an experience-based procedure for the production of scientific knowledge. It is this scheme that later came to be known as the scientific method in natural and social sciences, which even today Sri Lanka’s A/L students mechanically learn in their Logic class, without any instructions on its historical and philosophical background. It is also known as the ‘empiricist method.’ ‘Empiricist’ or ‘empirical’ means ‘based on sensory experience.’ Experience in the philosophy of science means experimentation and observation.

It was this Galilean - Baconian method that had been employed by the natural scientists which Comte proposed for the study of human society as the most authentic means to producing reliable knowledge on society. And Bacon was the inaugurator of English empiricist philosophy, which was later followed, developed, and refined by philosophers such as Thomas Hobbes, David Hume and John Stuart Mill. It was this tradition of science and epistemology that was becoming an intellectual fashion among social thinkers in Europe during the 1840s and 1850s. And obviously, Marx had to deal with it too.

Marx’s Critique

Why did Marx have to deal with the empiricist tradition so seriously? Because, it had contributed to epoch making advancements in the understanding of the natural world and therefore, the argument that the natural science method was the natural path to knowledge about human society, was too formidable to resist. But the goal of Marx’s intellectual project was radically different from his contemporary philosophers and thinkers. As he formulated it in his famous Eleventh Thesis on Feuerbach, ‘philosophers had only described the world; the task now is about how to change it.’

The kind of philosophy, epistemology ad social theory that Marx was looking for had to be one that enabled the seeker of knowledge to see beyond the appearance by penetrating through the veil of religion, ideologies, myths, false beliefs and metaphysics. It had to be a science in the sense that it was critical knowledge about the world, not superficially empirical observations that helps the seeker to grasp the ‘social reality’ and also provide intellectual capacity and guidance to change the world. In other words, to be truly scientific, social inquiry should be praxis-based and praxis-oriented, not simply empiricist.

As a ‘scientist’ in the European tradition of science and enlightenment, Marx also sought to discover ‘universal laws’ about the social world and human history. In this sense, he was also partly Hegelian, although he abandoned the idealism and philosophical mysticism of Hegel, who was his philosophical hero during his youth when studying at the university.

Actually, Marx considered his theory of historical materialism a universal law that could explain the dynamics of human society and history, independent of time and space. It also sought to map out a common path of progress for the entire human society. Here, Marx and Engels were more in the tradition of European enlightenment thought than empiricism and positivism of Comte. No wonder that ex-Marxist post-modernists attacked Marx severely, a few decades ago.

There is a brief, yet insightful, discussion in The Holly Family (1845) jointly written by Marx and Engels on the limits of Bacon’s legacy of English empiricism and materialism. While identifying themselves with the materialist tradition of European philosophy, Marx and Engels showed a great deal of respect for English materialism that Bacon inaugurated. However, they were also quick to highlight the philosophical limitations of Bacon and English materialism. They dismissed the English materialism of Bacon and Hobbes for its theological confusions, idealist pitfalls and mathematical abstractions devoid of any real relevance to understanding of human society in its concrete terms.
Now, Marx as a philosopher and social theorist was more of a materialist than an empiricist. That is why he could stay away from the empiricist and positivist schools of social sciences that began to develop in Europe after the 1850s. In the hands of the Austrian School of Economics, and Emile Durkheim and positivist sociologists, positivism became the new epistemology and methodology of the new science of human society. It introduced the scientific method, as first philosophized by Bacon in the 17th century and later refined by Hume and Mill, as the only reliable and authentic method of social science knowledge production.

A major reaction to this scientization of social knowledge came from European humanists in the form of phenomenology and hermeneutics. Marx and Marxists were never excited by these idealist revolts against empiricist reductionism in the social and human sciences. As we noted above, Marx was never an empiricist in his philosophy and social theory; rather, he was a materialist. Thus, Marx was the founder of a non-Empiricist social science methodology and social theory, which was to develop in the twentieth century as the most radical branch of post-positivist social sciences. It remains an influential paradigm in social science research and knowledge production even today, despite occasional distractors.

Four key assumptions of the alternative social science methodology that Marx inaugurated can be summarized as follows:

· Social Sciences are a science not in the narrow sense of empiricism. They are a science because they seek to understand human society by grasping the fundamentals of ‘social reality’ beyond appearance and through inquiry, critique and theorizing, with a commitment to human emancipation. Thus, normative ends and commitments should guide social inquiry.

· Empiricism’s and positivism’s claims to scientificity of social knowledge rest on the assumption of detached observation of individual behaviour of human beings by the knower. Marx in contrast suggested that this was too narrow an approach to understand society. He proposed the need to study the practice of social collectivities – or classes – and structures as the real object of social inquiry, providing a stronger basis for scientificity of social knowledge.

· For Marx, social inquiry is not a narrowly empiricist science that merely describes the world, and reproduces the mere appearance of the world through scientized abstraction. They should aim at understanding the social totality and its concrete instances.

· Scientific objectivity in social inquiry should not be treated as value-free. There is no value-free science in the study of human society.

It is this ‘social epistemology’ of Marx that provided philosophical and methodological inspiration for most of the radical social science and humanities traditions in the 20th century throughout the world. It is also this legacy of Marx that we can see reviving itself in the contemporary intellectual efforts to make sense of what is happening to the human world under conditions of economic globalization, and the wild expansion of capital under neo-liberal reforms at global level. 

Mountain bikers in fatal cougar attack did everything right, authorities say

  • Surviving cyclist in satisfactory condition, hospital says
  • Official says bikers tried to scare mountain lion and hit it


A cougar, seen in Colorado. Photograph: Alamy Stock Photo

Associated Press in Seattle-
A mountain biker who was killed by a cougar near Seattle and his friend who escaped after the animal attacked him did everything right, authorities have said.

The two men were riding on a trail in the Cascade Mountain foothills on Saturday when the mountain lion began following them. Authorities said they did everything state guidelines advise: getting off their bikes, making noise and trying to scare the animal away. One even smacked it with his bike, after it charged.

The cougar ran off but returned and attacked when the men got back on their bikes. It bit one – the survivor – on the head and shook him. The second cyclist ran and the animal dropped the first victim and pounced, killing its victim and dragging him back to what appeared to be its den, King County sheriff’s Sgt Ryan Abbott said.

“They did everything they were supposed to do,” Abbott said on Sunday. “But something was wrong with this cougar.”

The survivor was still in hospital on Sunday. Harborview Medical Center spokeswoman Susan Gregg said the 31-year-old man was in satisfactory condition.

Authorities would not confirm the names of the cyclists until the man who died, a 32-year-old Seattle resident, was formally identified. That was expected on Monday.

The attack near North Bend, 30 miles east of Seattle, was the first fatal cougar attack in Washington state in 94 years. The first man managed to get on his bike and ride off, looking back to see his friend being dragged into the trees, Abbott said. The cyclist rode for two miles before he could get a cellphone signal to call 911.

When rescuers arrived, it took about half an hour to find the second victim, who was dead with the cougar on top of him in what appeared to be a den-like area. An officer shot at the animal, which ran off. Several hours later, state fish and wildlife agents used dogs to track the cougar to a nearby tree. They shot and killed it.

Authorities planned to match DNA taken from the animal with DNA from the victims to be certain they killed the right cougar. They also plan to examine the cougar to see what might have been wrong with it.

There are an estimated 2,000 cougars in Washington. Until the 1960s, the state paid hunters a bounty for killing them. Now it allows 250 to be hunted in 50 designated zones. While they are sometimes known to kill livestock or pets, and though one even found its way into a park in Seattle in 2009, encounters with people are rare.

Attacks have become more common, though, as people encroach on the animals’ territory. In North America, there have been about 25 deadly attacks and 95 nonfatal attacks reported in the past century, but more attacks have been reported in the US west and Canada over the past 20 years than in the previous 80.

Experts say people encountering the big cats in the wild should stop and pick up small children immediately. Because running and rapid movements can trigger the animal’s prey drive, people should not run. Instead they should face the cougar, speak firmly and slowly back away, appearing as large as possible by standing on a rock or stump or opening a sweatshirt or jacket.
People should also become more assertive if the cougar does not back off. If it does attack, people should fight back.

“The idea is to convince the cougar that you are not prey but a potential danger,” Washington state Fish and Wildlife advises on its website.

Are we eating at the wrong time for our body clocks?


A man eating in front of a computer
Should we be eating earlier to boost our health?
BBC
20 May 2018
We've been warned repeatedly about the health perils of being out-of-sync with our body clocks. Are we eating in the right way for these circadian rhythms, and could changing our mealtime habits boost our health and help us lose weight?

'Breakfast like a king'

What did you eat this morning for breakfast or lunch?
The chances are it wasn't steak and chips, chickpea curry or anything else you might normally have for dinner.
Yet some scientists believe eating more of our daily calories earlier in the day - and shifting mealtimes earlier in general - could be good for our health.
"There's already a very old saying, eat breakfast like a king, lunch like a prince and dinner like a pauper, and I think there's some truth in that," says Dr Gerda Pot, a visiting lecturer in nutritional sciences at King's College London.
Now scientists are trying to find out more about what's driving those results and are looking at the relationship between eating and our body clocks, dubbed "chrono-nutrition" by some, for answers.

When you eat

You may think of the body clock as being something that determines when we sleep.
But in fact there are clocks in virtually every cell in the body.
They help prime us for the day's tasks, such as waking up in the morning, by regulating blood pressure, body temperature and hormone levels, among other things.
Experts are now looking at whether our eating habits - including irregular mealtimes and eating too late - are far from optimal for our internal rhythms.
Dr Pot, who studies chrono-nutrition, said: "We have a body clock that determines that every 24 hours each metabolic process has an optimal time when something should happen.
"That suggests that having a large meal in the evening is actually, metabolically speaking, not the right thing to do because your body is already winding down for the night."
Dr Jonathan Johnston, reader in chronobiology and integrative physiology at the University of Surrey, said although studies suggest our bodies are less good at processing food in the evening it was not yet understood why this is.
One theory is that it's linked to the body's' ability to expend energy.
"There's a little bit of preliminary evidence to suggest that the energy you use to process a meal - you use more of it in the morning compared with if you eat in the evening."
Properly understanding the link between when we eat and our health is important, Dr Johnston says, because it could have big implications for helping to tackle the obesity epidemic.
"If we can come up with advice to say, 'Well actually you don't necessarily have to change so much what you eat, but if you just change when you eat,' that little subtle modification might in itself be a really important part of how people can improve health across society," he says.
A nurse with an elderly patient
Research has also looked at whether meal timing could help people with disrupted body clocks, such as shift workers, including nurses
Beyond this, the timings of our meals could also have implications for people with disrupted body clocks, such as shift workers, who are estimated to make up about 20% of the workforce, Dr Johnston says.
Animal studies have shown that eating at certain times can help re-set circadian rhythms, and now research is looking at if this applies to people too.
In a study of 10 men, Dr Johnston found that delaying their mealtimes by five hours clearly shifted a biological marker of their body clocks.
While it was a small study, Dr Johnston said it suggested that eating at specific times could form part of a strategy to help people cope with a disrupted body clock, something that has been shown to be particularly harmful for health.

More questions

So should we all start eating earlier?
Experts say there are a lot of questions that need answering.
For example, what are the optimum times to eat and avoid food?
How is this affected by our own individual body clock types - be it morning lark, night owl or something in between?
And are there foods that are particularly bad to eat at certain times?
Both Dr Johnston and Dr Pot said the evidence suggested we should be consuming more of our calories earlier in the day, for example by making lunch the biggest meal.
However, Prof Alexandra Johnstone, a nutritionist who is now starting to study in the field of chrono-nutrition, is slightly more cautious.
She says that while there are studies showing that shifting our mealtimes earlier might boost our health, she'd like to see a clearer explanation of what's causing this.
But she hopes forthcoming research can show this and lead to clear guidance for people around when to eat.

Mullivaikkal massacre remembered in Amparai

Home19May 2018

The 9th anniversary of the slaughter of tens of thousands of Tamils by Sri Lankan forces was remembered by locals in Amparai. 
Residents in Akkaraipatti held a special prayer at the Sri Vammiyadipillaiyar temple on Friday. 
Members of Thirukovil Pradesa Sabai held a remembrance event on Thursday in front of Sri Sithiravelayuthar Swamy temple. 

 

Liberate Polity From Ethno-Nationalism & Economy From Neo-Liberalism

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Dr. Ameer Ali
logoWhile mobs of militant ethno-nationalists including a few members of the Sangha, with political patronage, are rampaging to kill Sri Lanka’s historically renowned pluralist polity, the government’s neoliberal economic agenda, under the tutelage of IMF, is impoverishing substantial sections of the population across all communities. Daring journalistic exposures regarding hidden hands of politicians and security personnel in the recent anti-Muslim riots, and the latest budgetary measures to impose discriminatory price hike on petroleum-based products amidst the startling revelation by the Central Bank Governor that one quarter of the population is trapped in poverty, are clear evidence of looming disasters facing the country.      
The most worrying aspect of these developments is that both coalitions, one that governs the nation now and the other that wants to replace it soon are in collusion in maintaining the status quo. With regard to ethno-nationalism the contest between the two is in showing to the majority Buddhist voters which one of them is more ethno-nationalistic in comparison. Because both camps are aware that the ethno card is the only trump that they have to beat the other in the electoral game. This ethno virus has infected the minorities also. The Tamil and Muslim politicians see no alternative but to champion their respective ethnicities to capture the vote bank. Having travelled around the country recently I regret to record that the cycle of ethnic violence is bound to be repeated as the Provincial Council and Presidential elections get closer.    
On the economic front both camps have embraced neoliberalism and its supreme manager, the IMF, rules through remote control. The recent discriminatory price hike on fuel which increased the price of kerosene by more than 100 per cent per litre, diesel by more than 14 per cent per litre and gasoline by more than 16 per cent per litre was dictated by IMF before releasing the next tranche of the promised loan. The official reason given for the hefty increase in the price of kerosene, which is the fuel of the poor, is to discourage motorists from mixing gasoline and diesel fuels with subsidised kerosene. On closer scrutiny that reason is a camouflage to cover up the actual economic motive of ending subsidies to the poor. The government’s promise to subsidise the poorest of the poor is bound to fail because of the selection criteria, which will allow ample room for corruption.  The finance minister’s announcement that he is going to initiate a gamperaliya with the revenue saved will remain just another piece of political rhetoric. Will the government extend its kerosene subsidy to the one fourth population trapped in poverty as declared by the Central Bank Governor? The fuel policy should be tied to a policy on environment and they both require measures beyond price fixing.  The nation’s major economic manager, IMF, is the last entity to worry about the environment.
The price hike on fuel in addition to the VAT and a depreciating rupee will spell disaster to the middle and lower classes. The so called free enterprise market economy unleashed by JR has mortgaged the economy to foreign capital and the IMF. The burden of national debt shows no sign of easing; the cost of living shows no sign of falling; corruption shows no sign of relaxing and lawlessness shows no sign of abating. In this context, to whose benefit is the less than expected growth rate of 3.1 per cent in 2017? Isn’t the answer obvious?

THE ANNIVERSARY OF THE CIVIL WAR’S END REVEALS THE PERSISTING ETHNIC DIVISION IN SRI LANKA



Image: rememberence in mullivaikaal, 18, May 2018.

Sri Lanka Brief19/05/2018

Nine years after: On ninth anniversary of the end of civil war in Sri Lanka – Editorial, The Hindu.MAY 19, 2018 .

Nine years is perhaps too short a time for deep wounds to heal, but it is enough time to begin to introspect. However, going by the polarised views around the anniversary of the end of Sri Lanka’s civil war, there are few signs of that. For the Tamils who gathered in Mullaitivu district in the Northern Province on Friday, it was a day to remember loved ones killed in those savage final days of the war that ended on May 18, 2009 — according to UN estimates, nearly 40,000 died. The southern Sinhalese political leadership, on the other hand, makes it a point to celebrate “war heroes” around the same time, hailing their efforts to bring peace. Even this year, national leaders, including President Maithripala Sirisena, saluted the soldiers for their sacrifice, while offering nothing but silence to the civilians who were caught in the conflict. The two disparate narratives of trauma and triumph can never meet, and in such a context, the chances for fruitfully negotiating this hard-won peace will remain slim. Time will only make it harder for the two communities to resolve the ethnic division that has outlived the war.

“Families of the several thousands who disappeared in the final stages of the war are still waiting for news from the government about their missing kin.” Sri Lankan Tamils at a protest in 2013 in Colombo.

The government led by President Sirisena and Prime Minister Ranil Wickremesinghe came to power in 2015 promising, among other things, a political solution to Sri Lanka’s national question. It initiated the drafting of a constitution that would potentially devolve more powers to all provinces, including the Tamil-majority north and east. Preoccupied with the persistent tension within the ruling coalition, the leadership has done little to take the exercise forward at a convincing pace, let alone complete it. Even the welcome initiatives of the government in the affected areas, such as the release of military occupied land or efforts to probe cases of enforced disappearance, will have only limited appeal or impact in the absence of a durable political solution. The international community has spared the government of pressure on the accountability front, hoping that it would proactively address other concerns that linger for the Tamil citizens. If initiatives on the political front have been so stalled, efforts to revive the economy do not offer much promise either. Almost every family in the north and east is neck-deep in debt and young people are desperate for employment. To say that time is running out is to state the obvious. Addressing the present challenges is one way of helping a wounded people cope with their troubled past. The memories that haunt them may never die. But some healing may be possible if they have a better future to look forward to. This government, which came to power with the overwhelming support of Tamils, must not let them down. It must not add to the list of missed opportunities.

Tamils remember 2009 genocide at Mullivaikkal memorial ground

Home18May 2018

Tamils gathered at Mullivaikkal memorial ground today to remember the tens of thousands slaughtered during the final stages of the armed conflict.
Holding photos of their loved ones, families, students, faith leaders and NPC members gathered at the grounds to light candles and lay flowers. 
Nine years on many wept inconsolably calling out for the loved ones as the grief of their loss remained raw. 

Read More

ACJU: In the Way Of Co-Existence – Part II

Farweez Imamudeen
Polygamy and the ACJU
Following is another extract from the chapter of ‘Marriage and the judgments and rulings related to it’ in Thasyeer Mathan Abi Sujah,
logo“Marriage is recommended to whoever is in need of it. It is permissible for a free man to marry four free women at once, and for the slave to marry two. A free man does not marry a slave woman except under two conditions; not being able to give the dowry to the free woman and fear of fornication”
We shall only look at the first part of this legislation where it allows a free man to marry four free women at once. 
The verse that appears in the Qur’an regarding polygamy is as follows,
“Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one (Nisa: 3)”
Qur’an is not a book of laws but it contains laws that were revealed to set order in a society that was given to chaos. Thus, the laws that were revealed at a certain time and place should be viewed in context. A legislator should then be wary of applying the same rule or law word for word in a different place and era. For a student of law this concept is not difficult to understand. For instance, although statutes become laws there are rules of interpretation – ie: Literal rule, Golden rule and Mischief rule – that are used to understand the meaning intended by the legislator. This is only a basic illustration to understand that laws are subject to interpretation since no law can escape the limits of time and space; however, what remains constant and guides the interpretation are the principles and values on which the laws were constructed (ie: justice, fairness and equality).
Public interest or Maslaha in Arabic is a principle of Islamic jurisprudence; a principle of legal interpretation that is derived from the fundamental source of Islamic jurisprudence; the Qur’an. A simple definition of it would be ‘That which leads to good’. In Islamic jurisprudence a purpose, or in other words the purpose of a law, ruling or legal code that does not lead to the fulfilment of some good (Maslaha), or the avoidance of mischief or evil is invalid.
According to Dr.Jasser Auda, a scholar in the subject of Islamic jurisprudence, Maslaha or public interest is the purpose/ goal  (Maqsid in Arabic) of Islamic laws. In other words a law that is in contradiction with public interest is no law at all.
So what was the purpose of this law when it was revealed in seventh century Arabia? 
The late former Justice of the Supreme Court of Srilanka and vice president of International Court of Justice in Hague, C.G.Weeramantry in his book ‘Islamic Jurisprudence: An International Perspective’, cites an interesting example of how certain Muslim majority countries have derived laws from the Qur’an based on the notion of women rights which is a part of public interest.
“The permissibility of polygamy under the rules of Islam has been one of the bases of severe attack by its critics. The relevant Qur’anic passage runs, ‘You may marry two, three or four wives but not more’. The passage goes on to declare, ‘…but if you cannot deal equitably and justly with all, you shall marry only one.’ The word equitably has been explained by jurists as meaning not merely equality in lodging, clothing and necessaries, but also equity in love, affection and esteem…on their interpretations of this verse many Islamic communities recognize monogamy as the norm.
It should be noted that the clauses qualifying polygamy are reinforced also by the Quranic passage, ‘you will not be able to be equitable between your wives even though you be eager to do so’ (4:129). It is noteworthy that Tunisia adopted the rule of monogamy on the basis of this clause and that Muhammad Abduh (d.1950) the reformer and Grand Mufti of Egypt often said that no husband can be just to more than one wife under modern living conditions (Khadduri, 1978).”
What follows is an astonishing revelation,
“Majid Khadduri places this whole matter in an interesting perspective when he asks whether the Quranic law was meant to confirm the principle of polygamy or to reform it by imposing qualitative and quantitative restrictions on its practice. He suggests that the Quranic law concerning marriage, rather than intending to ratify the widely prevalent practice of polygamy, sought to reform it as far as was possible at the time. The ultimate intent of the Prophet, according to his view, was ‘to transform marriage from a polygamous to a monogamous relationship’. The ultimate objective of Quranic marriage law, then was to legitimate monogamy, rather than to endorse polygamy”

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Inquisitorial vs Adversarial Systems of Litigation


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Dr. A. C. Visvalingam- 

A letter written by Ranjan Ramanayake, MP and Deputy Minister, to the SUNDAY ISLAND on May 6, 2018 raises briefly the very important issue of the superiority of the Inquisitorial System of litigation over the Adversarial System that is practiced in Sri Lanka. The Citizens’ Movement for Good Governance (CIMOGG) went into this subject in non-technical detail in an article titled TOWARDS A MORE PEOPLE-FRIENDLY SYSTEM OF JUSTICE that appeared in the ISLAND on December 4, 2010 and may still be accessed at www.cimogg-srilanka.org.

We said then that it was time to get Parliament, the Judiciary and the legal fraternity to address their minds to take steps that would give a measure of relief from the tortures to which Sri Lankan litigants are interminably subjected. We said that Sri Lanka should learn from countries that practise more efficient ways of speeding up litigation. It was recalled that the late Felix Dias Bandaranaike got several laws passed and implemented in or about 1973 to help accelerate litigation. However, the more inefficient and selfish of our lawyers, who we fear greatly outnumber their betters, got this progressive legislation repealed after J.R.Jayawardene came into power in the late 1970s.

In Sri Lankan litigation most of our lawyers keep "nibbling away" at cases because prolongation of the legal process enables them to get away with shoddy, piecemeal homework that is just sufficient to occupy 30-60 minutes of Court time on the next date. Our lawyers are also given to discrediting witnesses for the opposing side by producing "surprises" of various kinds that puts the rival counsel into difficulty on account of the unexpectedness of the "facts" presented. This kind of tactic is not encouraged in more just legal environments.

The procedures described briefly below are more relevant to civil litigation but criminal litigation should also follow a similar pattern although the latter would tend to be a little more complex because of the likely involvement of judicial medical officers, fingerprint experts, handwriting experts, government officials, police investigators, IT experts and the Attorney-General’s department.

The convention in certain superior legal systems is that a complainant sets out his (or her or its or their) Claim in detail with copies of the entirety of the relevant documentation relied upon by him, together with a full list of witnesses and the scope of the evidence that each of them would be giving. The respondent is allowed a fixed period of time at the end of which he must produce an Answer to the Claim made against him and also make whatever counterclaims there may be, together with a list of his own witnesses. The complainant is then allowed a fixed period of time to refute any of the averments made by the respondent. No surprises may be sprung later by either party on the other unless the inquiring judge is persuaded that such "new" evidence was not available at the outset of the litigation.

Once this is done, the lawyers for both sides are obliged to meet each other within a specified period of time (outside the Court) to list out the facts that both parties agree on, and frame issues jointly regarding the remaining contentious matters to be placed before the Court. Generally it happens that, during the course of these preparatory discussions, the parties agree, for good reasons, to dispense with the calling of certain witnesses listed in the Claim, the Answer and the Response. Similarly, agreement can often be reached on the admissibility or otherwise of the documents listed. The formulation of an agreed set of issues before coming into Court saves much time that would otherwise be wasted by the Court on intervening in this task. By adopting this procedure, the curtailing of time to be spent in Court would be enormous. Happily for lawyers, they would not suffer any great loss of earnings because there would be a substantial amount of productive professional time that would be required outside the Court to prepare the various documents and for the counsel to meet.

Another good practice relates to "dates" and postponements. For all practical purposes, the courts in "advanced" countries will not allow postponements - for example, "because my learned friend has a personal problem" or "May I stop at this point today?" All counsel are expected to make full use of the time allocated by the Court to conclude cases with maximum expedition.

At present, it is a mind-numbing experience to see dozens of lawyers, their clients and witnesses futilely sitting silently in the Courts while the judge deals with a host of routine matters before proceeding with the first inquiry. During the 30-60 minutes that an "instalment" of an inquiry occupies, virtually everyone in the courtroom is compelled to listen to matters of no interest whatever to them. After one inquiry is partially completed, similar things happen with the next inquiry, and the inquiry after that. The tens of thousands of hours that are wasted daily in this manner, and the cost to litigants and the economy is colossal and not very different in scale from the time lost by the public in the huge volume of slow moving city traffic on congested streets.

In the inquisitorial system, the unconscionable amount of time spent in recording the names, ages, educational qualifications, employment history of the contending parties and their witnesses, and recording them in the proceedings would be eliminated because all these would already have been furnished in the Claim and the Answer. Having read the Claim, the Answer and the Response, the Investigating Judge will question the parties on what he considers to be the key points at issue and not waste time on routine or irrelevant matters.

Turning our attention to another shortcoming, we may mention that, even before 2005, surveys carried out by independent groups had revealed that there had been a progressive erosion of public trust in many state institutions. This loss of confidence extended to the Judiciary as well. CIMOGG then called upon Parliament to enact a Code of Conduct for all judicial officers and proposed that the said Code should be based on THE BANGALORE PRINCIPLES OF JUDICIAL CONDUCT, which had been formulated by the Chief Justices of 31 countries from around the world.

About the same time, on account of certain incidents and facts considered independently by the Bar Association of Sri Lanka (BASL), its Council had decided to appoint a high-powered committee to draft a Code of Conduct for Judges. Needless to say, in typical BASL fashion, nothing useful ensued. It is CIMOGG’s not-so-hopeful aspiration that, as there are numerous lawyers in Parliament, they may get around to passing this proposed piece of people-friendly legislation. If such a law comes into force, adherence to the BANGALORE PRINCIPLES by the Judiciary would surely help to reverse "the progressive erosion of public trust" referred to above and lessen the tribulations that myriad litigants undergo every day?

Another matter of great consequence relates to the fact that, in most cases, a lower Court goes into a dispute and gives its decision, with its reasons. If either one of the parties considers it advisable to do so, it will refer the matter to the Court of Appeal, which will give its own determination with reasons therefor. Where the verdict of the Court of Appeal is deemed unfair by a party, that party could go to Supreme Court for a final word. However, there are certain types of cases, particularly those relating to Fundamental Rights, where the first reference is directly to the Supreme Court. In these instances, a sense of injustice is bound to be felt by the Petitioner whenever the Court mysteriously pronounces that "Leave to proceed is refused" without giving any indication as to the nature of the deficiency in the Petition.

This is grossly unfair to the Petitioner, the public and the Court itself. In the case of the Petitioner, he has no clue as to whether his application is refused on account of some technical default, or whether the Court is in possession of such other reliable information (unknown to the Petitioner and perhaps even the Attorney General) that it feels obliged to throw out the case. The crucial difference is that, in all the cases which come up from the lower Courts, the litigant has some idea of where his case fails and he has somebody (the Court of Appeal and/or the Supreme Court) to appeal to.

In contrast, when the Supreme Court makes an order, without giving at least one sound reason for rejection, knowing that there is no further appeal possible, it leaves a very uncomfortable feeling in one’s stomach. Although the Supreme Court may feel that it has done justice, it certainly cannot be seen to have been done. Therefore, we call upon Parliament to change the applicable laws and grant to citizens a less secret and more appealable procedure.

There are, of course, many other obstacles to achieving speedy and impartial justice for our citizens but, if at least a move is made from the adversarial to the inquisitorial system, Sri Lankan citizens engaged in litigation would benefit enormously.

(The writer is president of CIMOGG, Citizens’ Movement for Good Governance.)

acvisva@gmail.com