Natural Law and the Bhagavad-Gita: The Vedic Concept of Natural Law

Abstract. Western natural law theory emphasises the derivation of principles of right action said to be universal and objective from the application of practical reasonableness to the pursuit of basic human goods that are self‐evident or based on human nature. Critics say its methodology is inherently subjective. In contrast, the Vedic approach to natural law of the Bhagavad‐Gita emphasises the full development of a universal aspect of human nature—consciousness—to promote right action. A healthy person with a developed intellect, clear mind, balanced emotions and full perception is best placed to fulfil his or her society's highest ideals of ethical and lawful conduct. The Vedic approach advocates a supportive social environment and the use of meditation techniques to promote such development. Research has found that the Transcendental Meditation (TM) program promotes improvement in mind, body and behaviour. For example, offenders in Australia, the United States and Senegal practising the technique experienced decreased substance abuse and recidivism and improved wellbeing. From a scientific perspective, TM promotes these improvements by producing a unique psychophysiological state of restful alertness that dissolves stress that blocks the unfoldment of full potential in life.     

A status passage analysis of the defendant's progress through the Magistrates' Court

One possible solution to the problem of subjectivity in the interpretation of social phenomena is the application of models derived from formal grounded theory, since such models make explicit the writer's perspective and the assumptions he or she brings to the social situation. This article uses the Status Passage Theory of Glaser and Strauss (1971) to analyze systematically the way in which English Magistrates' Courts deal with defendants. It identifies various features in the courtroom and precourtroom processes and in the attitudes of the courtroom professionals that appear consistent with the view that the social degradation of offenders is an implicit, yet important, objective of these courts. Finally, comparisons are made between the lower criminal courts in England and the United States and tentative explanations offered as to why differences exist between social degradation aspects of the two systems.This article is an abridged and revised section of the author's LL.M. thesis. Many of the revisions are the result of helpful comments made by Tony Bottoms, Peter Moodie, and Barbara Harrel-Bond on the original thesis.