Comments on: The Battle of the ‘Commons’ and (De) militarizing the Sri Lankan Society – Part 1 http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/ Groundviews is an award winning Sri Lankan citizen journalism initiative Fri, 25 May 2012 12:01:35 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Jude Fernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11842 Jude Fernando Sun, 13 Dec 2009 02:54:58 +0000 http://www.groundviews.org/?p=2161#comment-11842 Dear off the Cuff. Thank you. I think we come from two different theoretical perspectives. Yours seems to be heavily influenced by legal positivism, and mine is by Marxist critical legal theory. Yet, we seem to agree more than disagree. I am also learning some new insights from you. What do we agree? 1-The importance of the constitution. 2-Consitution is not a perfect document. 3- “Any Constitution will have holes in it depending on the perspective adopted.” 4-Sri Lankan Supreme Court has rendered a valuable service to the country. If not for that we would have been in worse situation. Indeed, we have had so many outstanding CJs. 5-J.R. Jayewardene did plenty of damage to the constitution and the entire justice system. Since then story of our justice system has got complicated. I still remember the speeches by late CJ Samarakon. I also have lots of faith in the current CJ. 6-Yes, even in countries where there is nominal separation between state and religion, the interpretive context of justice is subject to all sorts of religious, social political influences. (However, I think nominal separation has a number of advantages.) 7-I have no sympathy for people who support terror, irrespective of the historical circumstances that lead to the terror. As a pacifist dignity of human being is more important than anything else. We are civilians can do a lot to prevent terror/militarization of the society. I beleive that all human beings are created equal in the image of God. So I get equally, if not more angry, at forces that lead the society to terror and dehumanize social relations. What do we disagree? What remains to be clarified? My disagreements with you stem from the contradictions or lack of clarity in the points you raise in your own response. So my theoritical bias attempts to address the issues you and I share about the justice system. 1-If the constitution is not perfect, and its holes depend on the perspectives adopted, then all its interpretations cannot have the same value. Perspective is a subjective matter shaped by social, economic and political contexts. So what we say just interpretations are relative. I agree that we need to respect the court decisions. But that should not stop us from engaging in a productive dialogue about the perspectives that influences the court decisions. 2-However imperfect the SL Constitution is, do not forget we have to work “Within it” to achieve a just society. I guess “...” indicate that you are also uncertain about working within. Is it faire to say that uncertainty is a matter of perspectives, or to be precise, it is a matter of the social, economic and political contexts within with the constitution was framed and interpreted? Don't you think that achieving a just society also means making the interpretive context supportive of the independence of the judiciary? 3-My contention is about the interpretive context of justice, which I think is subjective. But the judeges always do their best to be 'obejective'. Do you think the judicial interpretations can come under influences of social, economic and political context? 4-Are there any perspectives that frame the Sri Lankan constitution that you would consider has problematic or constrain justice? If not how do you explain the proposed Amendments 13th and 17th Amendments to the constitution? These proposals were result of the limitations of the existing constitution. 5-How do you explain the arrest and detention of Tissainayagam and awarding Karuna and Pillyan as members of the ruling party? 6-Do you have any examples of coutr decisions that you think as far removed fom being just? Or could have been different. 7-I would rather say that colonial government replaced Buddhism with capitalism. Thereafter, introduction of private property and along with other capitalist relations have had significant influence on the justice system, more than Christianity. 8-Relationsship between religion and pre-colonial states are very different from what we see today. However, Sri Lankan kings patronized many different religions mainly Buddhism and Hinduism. I am referring only to religion in terms of its relations with rulers, not its teachings. Do you say that capitalism and religious nationalism absolutely have no impact on the justice sytem as the later is totally independent? Peace Dear off the Cuff.

Thank you. I think we come from two different theoretical perspectives. Yours seems to be heavily influenced by legal positivism, and mine is by Marxist critical legal theory. Yet, we seem to agree more than disagree. I am also learning some new insights from you.

What do we agree?

1-The importance of the constitution.
2-Consitution is not a perfect document.
3- “Any Constitution will have holes in it depending on the perspective adopted.”
4-Sri Lankan Supreme Court has rendered a valuable service to the country. If not for that we would have been in worse situation. Indeed, we have had so many outstanding CJs.
5-J.R. Jayewardene did plenty of damage to the constitution and the entire justice system. Since then story of our justice system has got complicated. I still remember the speeches by late CJ Samarakon. I also have lots of faith in the current CJ.
6-Yes, even in countries where there is nominal separation between state and religion, the interpretive context of justice is subject to all sorts of religious, social political influences. (However, I think nominal separation has a number of advantages.)
7-I have no sympathy for people who support terror, irrespective of the historical circumstances that lead to the terror. As a pacifist dignity of human being is more important than anything else. We are civilians can do a lot to prevent terror/militarization of the society. I beleive that all human beings are created equal in the image of God. So I get equally, if not more angry, at forces that lead the society to terror and dehumanize social relations.

What do we disagree? What remains to be clarified?

My disagreements with you stem from the contradictions or lack of clarity in the points you raise in your own response. So my theoritical bias attempts to address the issues you and I share about the justice system.

1-If the constitution is not perfect, and its holes depend on the perspectives adopted, then all its interpretations cannot have the same value. Perspective is a subjective matter shaped by social, economic and political contexts. So what we say just interpretations are relative. I agree that we need to respect the court decisions. But that should not stop us from engaging in a productive dialogue about the perspectives that influences the court decisions.

2-However imperfect the SL Constitution is, do not forget we have to work “Within it” to achieve a just society. I guess “…” indicate that you are also uncertain about working within. Is it faire to say that uncertainty is a matter of perspectives, or to be precise, it is a matter of the social, economic and political contexts within with the constitution was framed and interpreted? Don’t you think that achieving a just society also means making the interpretive context supportive of the independence of the judiciary?

3-My contention is about the interpretive context of justice, which I think is subjective. But the judeges always do their best to be ‘obejective’. Do you think the judicial interpretations can come under influences of social, economic and political context?

4-Are there any perspectives that frame the Sri Lankan constitution that you would consider has problematic or constrain justice? If not how do you explain the proposed Amendments 13th and 17th Amendments to the constitution? These proposals were result of the limitations of the existing constitution.

5-How do you explain the arrest and detention of Tissainayagam and awarding Karuna and Pillyan as members of the ruling party?

6-Do you have any examples of coutr decisions that you think as far removed fom being just? Or could have been different.

7-I would rather say that colonial government replaced Buddhism with capitalism. Thereafter, introduction of private property and along with other capitalist relations have had significant influence on the justice system, more than Christianity.

8-Relationsship between religion and pre-colonial states are very different from what we see today. However, Sri Lankan kings patronized many different religions mainly Buddhism and Hinduism. I am referring only to religion in terms of its relations with rulers, not its teachings. Do you say that capitalism and religious nationalism absolutely have no impact on the justice sytem as the later is totally independent?

Peace

]]> By: yapa http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11769 yapa Fri, 11 Dec 2009 04:14:15 +0000 http://www.groundviews.org/?p=2161#comment-11769 Dear Jude; ( A Little bit addition to the above post) However, not withstanding anything said above, the rabbit should not take cover behind the bush! (I am Just joking. Don't take it seriously.) Dear Jude;

( A Little bit addition to the above post)

However, not withstanding anything said above, the rabbit should not take cover behind the bush!

(I am Just joking. Don’t take it seriously.)

]]> By: yapa http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11767 yapa Fri, 11 Dec 2009 03:59:22 +0000 http://www.groundviews.org/?p=2161#comment-11767 Thanks Jude; The question I asked whether you are the same Jude Fernando, was to to clear my target. Now that the target is cleared with your negative, I will not shoot the rabbit but the bush. Thanks again! Thanks Jude;

The question I asked whether you are the same Jude Fernando, was to to clear my target. Now that the target is cleared with your negative, I will not shoot the rabbit but the bush.

Thanks again!

]]> By: Off the Cuff http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11736 Off the Cuff Thu, 10 Dec 2009 07:17:06 +0000 http://www.groundviews.org/?p=2161#comment-11736 Dear Jude Fernando, If there is a SINGULAR thing that Modern Sri Lanka can be proud of, its our Judiciary. It's not a puppet in the hands of the Govt as you imply. The SL Constitution makes sure that the Head of the judiciary, the Chief Justice is "UNTOUCHABLE" by even the Executive President. The CJ cannot be "DIRECTED" to do "ANYTHING" by the President of SL though you state "The constitution allows the executive to use power with impunity" such is not the case, the Supreme Court stands in his way on critical issues. Once appointed the CJ cannot be removed until his term expires. This ensures the CJ's Independence as nothing can be done by the Govt or the President against a ruling by him and the SC other than by an impeachment in Parliament. Doing that in a Parliament elected under the Proportional System would need cooperation from the Opposition. Not only is the CJ above Presidential direction, the Attorney General too is above Presidential direction. He is the principal lawyer for the Govt in ALL matters that come before the Supreme Court. He decides on who to prosecute and should not be prosecuted (One of the recent holders of this position is the Legal Mentor of the LTTE, Siva Pasupathi, now living in Australia and who petitioned the Australian Govt to block the IMF loan to SL). Do you sincerely believe that his pro LTTE leanings were not known to the Government when he was appointed to that possition? By keeping both the CJ and the AG beyond the reach of the President of SL, Sri Lanka's Constitution makes sure that the "INTERPRETATION" of the Constitution is "JUST". Please remember that "ANY" bill that is deemed unconstitutional by the SC (whose members are Tamils, Muslims, Burgers, Sinhalese, Christians, Islamic, Hindus, Buddhists in other words Secular) has to be passed by a 2/3 majority in Parliament and then by a Public Referendum before becoming Law. The worst thing that JRJ and his supporters wrote into the Constitution is the perverted principle that the "Head of State can do no wrong". Any idea where it could have been borrowed from? However imperfect the SL Constitution is, do not forget we have to work "Within it" to achieve a just society. Throwing insinuations with 'may be' instead of just criticism will not help anyone. Where can you find a "'PERFECT' Constitution? Any Constitution will have holes in it depending on the perspective adopted. You stated "The Sri Lankan constitution is neither secular nor inclusive; it does not separate religion from the state, but is biased towards the religious interests of the majority community. Although the 1978 Constitution rejected many of the authoritarian and exclusive features of the 1971 Constitution and accommodated many minority interests, the interpretations of the constitution may become increasingly subservient to the demands of neoliberal economic policies and ethnoreligious nationalism. Both ethnoreligious bias and economic pressure feed upon each other and corrupt the judicial branch, expanding the space for further authoritarian practices by all institutions." Unquote Please read the section dealing with Religion in the SL Constitution. The 'ONLY' attachment to religion in it, is the requirement to protect Buddhism 'WHILE' ensuring religious freedom to all others. This is a far cry from the close ties that Religion has in leading democracies of the world The requirement to protect Buddhism 'CANNOT OVERRIDE' religious freedom of all others. In Sri Lanka the connection between State and Buddhism has a history of over 2000 years. It was replaced by Christianity during Colonial Rule. Please see my discussion with "Burning_Issue" on this matter. ( http://www.groundviews.org/2009/11/30/why-should-tamil-speaking-communities-give-critical-support-to-sarath-fonseka/comment-page-2/#comment-11578 ) The ONLY thing standing in the way of authoritarian rule is the Justice system of this country headed by the CJ and the Supreme Court. Hence we cannot allow anyone to make unjustified insinuations against it and demean its standing in the public's mind under any guise. I hope you will respect the need to limit criticism to fact and not venture into the realm of 'may be's when discussing the Supreme Law of this Country, The Constitution. Dear Jude Fernando,

If there is a SINGULAR thing that Modern Sri Lanka can be proud of, its our Judiciary. It’s not a puppet in the hands of the Govt as you imply.

The SL Constitution makes sure that the Head of the judiciary, the Chief Justice is “UNTOUCHABLE” by even the Executive President. The CJ cannot be “DIRECTED” to do “ANYTHING” by the President of SL though you state “The constitution allows the executive to use power with impunity” such is not the case, the Supreme Court stands in his way on critical issues.

Once appointed the CJ cannot be removed until his term expires. This ensures the CJ’s Independence as nothing can be done by the Govt or the President against a ruling by him and the SC other than by an impeachment in Parliament. Doing that in a Parliament elected under the Proportional System would need cooperation from the Opposition.

Not only is the CJ above Presidential direction, the Attorney General too is above Presidential direction. He is the principal lawyer for the Govt in ALL matters that come before the Supreme Court. He decides on who to prosecute and should not be prosecuted (One of the recent holders of this position is the Legal Mentor of the LTTE, Siva Pasupathi, now living in Australia and who petitioned the Australian Govt to block the IMF loan to SL).

Do you sincerely believe that his pro LTTE leanings were not known to the Government when he was appointed to that possition?

By keeping both the CJ and the AG beyond the reach of the President of SL, Sri Lanka’s Constitution makes sure that the “INTERPRETATION” of the Constitution is “JUST”.

Please remember that “ANY” bill that is deemed unconstitutional by the SC (whose members are Tamils, Muslims, Burgers, Sinhalese, Christians, Islamic, Hindus, Buddhists in other words Secular) has to be passed by a 2/3 majority in Parliament and then by a Public Referendum before becoming Law.

The worst thing that JRJ and his supporters wrote into the Constitution is the perverted principle that the “Head of State can do no wrong”. Any idea where it could have been borrowed from?

However imperfect the SL Constitution is, do not forget we have to work “Within it” to achieve a just society. Throwing insinuations with ‘may be’ instead of just criticism will not help anyone.

Where can you find a “‘PERFECT’ Constitution? Any Constitution will have holes in it depending on the perspective adopted.

You stated
“The Sri Lankan constitution is neither secular nor inclusive; it does not separate religion from the state, but is biased towards the religious interests of the majority community. Although the 1978 Constitution rejected many of the authoritarian and exclusive features of the 1971 Constitution and accommodated many minority interests, the interpretations of the constitution may become increasingly subservient to the demands of neoliberal economic policies and ethnoreligious nationalism. Both ethnoreligious bias and economic pressure feed upon each other and corrupt the judicial branch, expanding the space for further authoritarian practices by all institutions.”
Unquote

Please read the section dealing with Religion in the SL Constitution. The ‘ONLY’ attachment to religion in it, is the requirement to protect Buddhism ‘WHILE’ ensuring religious freedom to all others. This is a far cry from the close ties that Religion has in leading democracies of the world

The requirement to protect Buddhism ‘CANNOT OVERRIDE’ religious freedom of all others.

In Sri Lanka the connection between State and Buddhism has a history of over 2000 years. It was replaced by Christianity during Colonial Rule. Please see my discussion with “Burning_Issue” on this matter.

( http://www.groundviews.org/2009/11/30/why-should-tamil-speaking-communities-give-critical-support-to-sarath-fonseka/comment-page-2/#comment-11578 )

The ONLY thing standing in the way of authoritarian rule is the Justice system of this country headed by the CJ and the Supreme Court. Hence we cannot allow anyone to make unjustified insinuations against it and demean its standing in the public’s mind under any guise.

I hope you will respect the need to limit criticism to fact and not venture into the realm of ‘may be’s when discussing the Supreme Law of this Country, The Constitution.

]]> By: Jude Fernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11733 Jude Fernando Thu, 10 Dec 2009 04:03:44 +0000 http://www.groundviews.org/?p=2161#comment-11733 Heshan and Off the Cuff Thanks. Actually, my comments are not about court judgments, but the interpretive context. Actually, critical legal theory developed in response to critical reflections on various interpretations of the US constitution and legal system. These critics were influenced by post-modern/post structuralists. Critical legal theory provides a critical perspective on the role of legal reasoning based on legal positivism. These criticisms focus Legal principles offer an objective way of resolving legal issues 3) Law is a constructive force in ordering our society. Judges or courts do not make the interpretive context, but the economy, politics and culture of the country. So the challenge for the courts is to strive towards objectivity. But objectivity is always tampered by the context in which the laws are interpreted. This interpretive is constrained when the national security (war against terrorism) becomes an urgent need and the society gets militarized. Jude Heshan and Off the Cuff

Thanks. Actually, my comments are not about court judgments, but the interpretive context.

Actually, critical legal theory developed in response to critical reflections on various interpretations of the US constitution and legal system. These critics were influenced by post-modern/post structuralists.

Critical legal theory provides a critical perspective on the role of legal reasoning based on legal positivism. These criticisms focus Legal principles offer an objective way of resolving legal issues 3) Law is a constructive force in ordering our society.

Judges or courts do not make the interpretive context, but the economy, politics and culture of the country. So the challenge for the courts is to strive towards objectivity. But objectivity is always tampered by the context in which the laws are interpreted.

This interpretive is constrained when the national security (war against terrorism) becomes an urgent need and the society gets militarized.

Jude

]]> By: Jude Fernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11731 Jude Fernando Thu, 10 Dec 2009 03:43:27 +0000 http://www.groundviews.org/?p=2161#comment-11731 Hi Yapa Nop. I am not in Britain. And as policy I do not get involved in Sri lanka related political or other activities if I am abroad. For that matter even while in Sri lanka. Once in a way I write something, when I get some free time. Other than that I am just a ordinary citizen. Jude Hi Yapa

Nop. I am not in Britain. And as policy I do not get involved in Sri lanka related political or other activities if I am abroad. For that matter even while in Sri lanka. Once in a way I write something, when I get some free time. Other than that I am just a ordinary citizen.

Jude

]]> By: old Man http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11728 old Man Thu, 10 Dec 2009 03:02:10 +0000 http://www.groundviews.org/?p=2161#comment-11728 Off the Cuff, on the state of the Sri Lankan judiciary, the link below gives a good overview of the issues http://www.crisisgroup.org/home/index.cfm?id=6186 Off the Cuff,

on the state of the Sri Lankan judiciary, the link below gives a good overview of the issues

http://www.crisisgroup.org/home/index.cfm?id=6186

]]> By: yapa http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11724 yapa Thu, 10 Dec 2009 01:50:27 +0000 http://www.groundviews.org/?p=2161#comment-11724 Dear Jude Fernando; Recently in local news the name of one Professor Jude Fernando was appeared, with regard to a lega/ poltical activity aginst Sri Lanka, some place in Britain. Are you the same Jude Fernando? Dear Jude Fernando;

Recently in local news the name of one Professor Jude Fernando was appeared, with regard to a lega/ poltical activity aginst Sri Lanka, some place in Britain. Are you the same Jude Fernando?

]]> By: Heshan http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11723 Heshan Thu, 10 Dec 2009 01:34:12 +0000 http://www.groundviews.org/?p=2161#comment-11723 One of my personal experiences is that the average person in Sri Lanka has little to no knowledge of the Sri Lankan Constitution. In fact, they have an extremely limited conception of a "constitution" period. They may be aware of certain laws and statutes, but again, are unable to understand the relationship between the latter and the Constitution. Similarly, I see little mention of the word "constitution" in Sri Lankan newspapers, except by way of reference to the Executive Presidency clause. The situation is at the other extreme in the West. Here, in the USA, everyone knows their rights and will fight tooth and nail to defend them. They will cite the Constitution repeatedly. But what is even more astonishing is that everyone RESPECTS the Constitution. They realize that this little piece of paper has an amazing history that no one can erase. They realize that this little piece of paper is what gives them the right to live, breathe, and feel democracy. One of my personal experiences is that the average person in Sri Lanka has little to no knowledge of the Sri Lankan Constitution. In fact, they have an extremely limited conception of a “constitution” period. They may be aware of certain laws and statutes, but again, are unable to understand the relationship between the latter and the Constitution. Similarly, I see little mention of the word “constitution” in Sri Lankan newspapers, except by way of reference to the Executive Presidency clause.

The situation is at the other extreme in the West. Here, in the USA, everyone knows their rights and will fight tooth and nail to defend them. They will cite the Constitution repeatedly. But what is even more astonishing is that everyone RESPECTS the Constitution. They realize that this little piece of paper has an amazing history that no one can erase. They realize that this little piece of paper is what gives them the right to live, breathe, and feel democracy.

]]> By: Jude fernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11720 Jude fernando Wed, 09 Dec 2009 19:10:35 +0000 http://www.groundviews.org/?p=2161#comment-11720 Hi Off the Cuff. Here is where I am coming from. In Marxist critical legal theory, legal categories, constitutions and laws are social constructs. They are the 'supper structure.' They are not understood as abstractions or apolitical. Their interpretation is always subjective. Their meaning needs to be understood in the context of political economy. That is why judges disagree, and in many countries appointments to the Supreme Court is always political affair. This is also why I have the greatest respect for the judiciary, because their business is difficult. Without it we cannot function. Judgment is a matter of interpretation and interpretation is subjective. Elected officers have lot to do in terms of making the interpretive context favorable to the judiciary. Anyways, my perspective is highly debated in law schools. I would love to know your perspectives about the critical legal theory. Jude Hi Off the Cuff.

Here is where I am coming from. In Marxist critical legal theory, legal categories, constitutions and laws are social constructs. They are the ‘supper structure.’ They are not understood as abstractions or apolitical. Their interpretation is always subjective. Their meaning needs to be understood in the context of political economy. That is why judges disagree, and in many countries appointments to the Supreme Court is always political affair. This is also why I have the greatest respect for the judiciary, because their business is difficult. Without it we cannot function. Judgment is a matter of interpretation and interpretation is subjective. Elected officers have lot to do in terms of making the interpretive context favorable to the judiciary. Anyways, my perspective is highly debated in law schools. I would love to know your perspectives about the critical legal theory.
Jude

]]> By: Jude fernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11719 Jude fernando Wed, 09 Dec 2009 18:39:07 +0000 http://www.groundviews.org/?p=2161#comment-11719 So off the Cuff The text will be changed to 'may become subservient to.' Actually, that was my intention. Sorry for the typo and pointing that out. I must also point out that not everyone agrees with the critical legal theorists. Jude So off the Cuff

The text will be changed to ‘may become subservient to.’ Actually, that was my intention. Sorry for the typo and pointing that out. I must also point out that not everyone agrees with the critical legal theorists.

Jude

]]> By: Jude fernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11718 Jude fernando Wed, 09 Dec 2009 18:30:53 +0000 http://www.groundviews.org/?p=2161#comment-11718 Hi Cuff In critical legal theory, interpretations of the constitution are shaped by general economic, political and social contexts of the country, says many theorists. That was my point. Nothing specific about the Sri Lankan context. Do you agree with the critical legal theorists. Jude Hi Cuff

In critical legal theory, interpretations of the constitution are shaped by general economic, political and social contexts of the country, says many theorists. That was my point. Nothing specific about the Sri Lankan context. Do you agree with the critical legal theorists.

Jude

]]> By: Jude fernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11717 Jude fernando Wed, 09 Dec 2009 18:29:02 +0000 http://www.groundviews.org/?p=2161#comment-11717 Hi Cuff In critical legal theory, interpretations of the constitution are shaped by general economic, political and social contexts of the country, says many theorists. That was my point. Nothing specific about the Sri Lankan context. Jude Hi Cuff

In critical legal theory, interpretations of the constitution are shaped by general economic, political and social contexts of the country, says many theorists. That was my point. Nothing specific about the Sri Lankan context.

Jude

]]> By: jfernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11716 jfernando Wed, 09 Dec 2009 18:20:45 +0000 http://www.groundviews.org/?p=2161#comment-11716 Hi Cuff There was a typo. It should have been may become subservient to... Will try to correct it. I was actually, useing critical legal theoritical perspectives interpretations of the constitutions in general. Thanks anyways. Hi Cuff

There was a typo. It should have been may become subservient to… Will try to correct it. I was actually, useing critical legal theoritical perspectives interpretations of the constitutions in general.

Thanks anyways.

]]> By: Off the Cuff http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11713 Off the Cuff Wed, 09 Dec 2009 17:55:51 +0000 http://www.groundviews.org/?p=2161#comment-11713 Dear Jude Fernando, You are aparently casting very grave aspersions on the Supreme Court of SL. I believe that if you make such charges you should be able to prove your viewpoint by stating actual cases and the reasoning behind why you consider the Judgements delivered in those cases are biased. The charge that you make is of such a grave nature that you should not do so cursorily. Hence please Justify in detail your claims made in the statement below Quote the interpretations of the constitution have become increasingly subservient to the demands of neoliberal economic policies and ethnoreligious nationalism. Both ethnoreligious bias and economic pressure feed upon each other and corrupt the judicial branch, expanding the space for further authoritarian practices by all institutions. Unquote Dear Jude Fernando,

You are aparently casting very grave aspersions on the Supreme Court of SL.

I believe that if you make such charges you should be able to prove your viewpoint by stating actual cases and the reasoning behind why you consider the Judgements delivered in those cases are biased.

The charge that you make is of such a grave nature that you should not do so cursorily. Hence please Justify in detail your claims made in the statement below

Quote
the interpretations of the constitution have become increasingly subservient to the demands of neoliberal economic policies and ethnoreligious nationalism. Both ethnoreligious bias and economic pressure feed upon each other and corrupt the judicial branch, expanding the space for further authoritarian practices by all institutions.
Unquote

]]> By: Jude Fernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11711 Jude Fernando Wed, 09 Dec 2009 16:39:04 +0000 http://www.groundviews.org/?p=2161#comment-11711 Hi Observer I totally agree with your comments about the Western democracies. I have addressed them in part II, so please read it, and let us know about your insights. There are plenty of good writings on militarization of Western societies and their role in militarizing the non-western countries. Having said that, I do not entirely blame the west for communal dis harmony and militarization in Sri Lanka. We must also take the responsibility. There are plenty of good things that we can learn from the West too. I think we have to move beyond the Western-non western distinction if we really want to understand the militarization and find ways out of it. Blaming the West has only distracted us from dealing with our own problems. Xenophobic nationalism does not help. BTW, How come my comments about militarization in all ethnic groups get construed contributes to racial disharmony? Of course I am proud to be a Sri Lanka. At least it provided me free education so I can write in English so that you and I can converse. I guess it is human to always pass the blame on to others. I mean locating the enemy in some other person. Peace! Hi Observer

I totally agree with your comments about the Western democracies. I have addressed them in part II, so please read it, and let us know about your insights. There are plenty of good writings on militarization of Western societies and their role in militarizing the non-western countries.

Having said that, I do not entirely blame the west for communal dis harmony and militarization in Sri Lanka. We must also take the responsibility. There are plenty of good things that we can learn from the West too. I think we have to move beyond the Western-non western distinction if we really want to understand the militarization and find ways out of it. Blaming the West has only distracted us from dealing with our own problems. Xenophobic nationalism does not help.

BTW, How come my comments about militarization in all ethnic groups get construed contributes to racial disharmony? Of course I am proud to be a Sri Lanka. At least it provided me free education so I can write in English so that you and I can converse.

I guess it is human to always pass the blame on to others. I mean locating the enemy in some other person.

Peace!

]]> By: Jude Fernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11710 Jude Fernando Wed, 09 Dec 2009 16:31:34 +0000 http://www.groundviews.org/?p=2161#comment-11710 Hey Old Man Thank you. Point well taken. The state interferences in the economy you mentioned are not simply aberrations from the historical development of global capitalism or liberal politics. Such interferences should take into account …1) They are responses to the crisis of state legitimacy arising from the limits to capitalist project in Sri Lanka, and Sri Lankas structural position world system. The state legitimizes its power by struggling to fulfill the private interests as well as public interests of the society (or the tension between classes). So it intervenes in many ways contrary to the capitalist interests. It will use everything at its disposal. 2) The positive relationship between liberal economic policies and liberal politics in developed countries needs to be understood in relation to them denying and undermining the same in developing countries. This has been happening since colonial days. 3) The authoritarian and badly governed regimes in poorer countries are extremely important for extraction of natural resources, cheap labor and markets for MNCs. In other words, liberalism in some countries (and for minority of population in every country) is predicated on sustaining authoritarianism in others (or the majority); liberalism and authoritarianism are two sides of the same coin. Even in the so call liberal democracies the state is extremely powerful and controlling actor in creating conditions for the corporations. The liberal media, education, consumerism and state apparatus ideologically constrain and put in place so many barriers to prevent protest against the state, capital, and antiliberal forces. The public does not even realize how their lives are controlled and militarized by the state and corporations. Democratic freedoms in these countries do not always translate into vibrant politics, rather political apathy and powerlessness among majority of the population. Minimization is a fact in free market liberal democracies. However, I agree that Sri Lankan can do a lot to get the best out of capitalist system, at least until the revolution comes. That is our responsibility. Peace- Jude Hey Old Man

Thank you. Point well taken. The state interferences in the economy you mentioned are not simply aberrations from the historical development of global capitalism or liberal politics. Such interferences should take into account …1) They are responses to the crisis of state legitimacy arising from the limits to capitalist project in Sri Lanka, and Sri Lankas structural position world system. The state legitimizes its power by struggling to fulfill the private interests as well as public interests of the society (or the tension between classes). So it intervenes in many ways contrary to the capitalist interests. It will use everything at its disposal.

2) The positive relationship between liberal economic policies and liberal politics in developed countries needs to be understood in relation to them denying and undermining the same in developing countries. This has been happening since colonial days.

3) The authoritarian and badly governed regimes in poorer countries are extremely important for extraction of natural resources, cheap labor and markets for MNCs. In other words, liberalism in some countries (and for minority of population in every country) is predicated on sustaining authoritarianism in others (or the majority); liberalism and authoritarianism are two sides of the same coin.

Even in the so call liberal democracies the state is extremely powerful and controlling actor in creating conditions for the corporations. The liberal media, education, consumerism and state apparatus ideologically constrain and put in place so many barriers to prevent protest against the state, capital, and antiliberal forces. The public does not even realize how their lives are controlled and militarized by the state and corporations. Democratic freedoms in these countries do not always translate into vibrant politics, rather political apathy and powerlessness among majority of the population. Minimization is a fact in free market liberal democracies.

However, I agree that Sri Lankan can do a lot to get the best out of capitalist system, at least until the revolution comes. That is our responsibility.

Peace- Jude

]]> By: Jude Fernando http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11708 Jude Fernando Wed, 09 Dec 2009 16:11:34 +0000 http://www.groundviews.org/?p=2161#comment-11708 Hi Nadesen Thanks. I agree with your comment about arms trade. I have discussed it in part II. So please read it and let me know if you still have new insights. However, I do not wish fall into the extreme of blaming only the outsiders for the global arms race because we Sri Lankans are also responsible (both Sinhala and Tamil politicians) creating conditions for it. Sri Lankans are not passive victims. We must also recognize there are plenty of protests against arms race in the Western countries. I am wondering who trained and armed the JVP? TULF??? You also forgot to mention role of China and India in arms trade. It will be good to read late Professor Newton Gunasinha's work on the military (It was in a edited volume published I think by SSA or MARGA) and Horowitze's work on military coups in Sri Lanka. ( D.L. Horowitz, Coup Theories and Officers' Motives: Sri Lanka in Comparative Perspective (1980), Princeton: Princeton University Press.) BTW, what is the ideological bias you are referring to? Could you give me an example? Yes, I have my biases, but I am not sure whether we are referring to same bias. Peace. Hi Nadesen

Thanks. I agree with your comment about arms trade. I have discussed it in part II. So please read it and let me know if you still have new insights.

However, I do not wish fall into the extreme of blaming only the outsiders for the global arms race because we Sri Lankans are also responsible (both Sinhala and Tamil politicians) creating conditions for it. Sri Lankans are not passive victims. We must also recognize there are plenty of protests against arms race in the Western countries.

I am wondering who trained and armed the JVP? TULF??? You also forgot to mention role of China and India in arms trade.

It will be good to read late Professor Newton Gunasinha’s work on the military (It was in a edited volume published I think by SSA or MARGA) and Horowitze’s work on military coups in Sri Lanka. ( D.L. Horowitz, Coup Theories and Officers’ Motives: Sri Lanka in Comparative Perspective (1980), Princeton: Princeton University Press.)

BTW, what is the ideological bias you are referring to? Could you give me an example? Yes, I have my biases, but I am not sure whether we are referring to same bias.

Peace.

]]> By: Observer http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11706 Observer Wed, 09 Dec 2009 11:20:59 +0000 http://www.groundviews.org/?p=2161#comment-11706 Is it moral to insight racial disharmony under the guise of journalist tag? Are journalists free to drum up fascist tenancies? Is that the only profession that has no consequences for recklessness? Did higher standards of democracy stop US & UK invading Iraq to satisfy Bush's oil buddies and throw kick backs to buddies at Halliburton? Did it stop Mr. Blaire pressuring MI6 to fake intelligence? Is it not a sort of twisted executive prime ministership? Is it not corrupt practice to sustain a bloodline royal family for no good reason and tax payer cost when poor families live homeless in UK streets? How dare they talk about nepotism? Do the closet racists in EU (quite good at preaching) who run scared at the sight of a minaret set an example as to what democracy really should be like? Really a referendum is enough grounds to suppress religious expression of the minorities. Is fear psychosis the face of democracy? Is it fair advanced democracies make a mockery of free market capitalism when they foreclose your home and then give your tax money in a twisted socialist slap on your face act to keep the influential people's high roller life styles. Why did we bother destroying the soviet union? Is it fair that we have to withhold on a public health care option because the insurance companies will lose some profits? Is Sri Lanka so bad after all? Isn't it a lesser of evils that lurk in the bigger world we called dear Earth? Makes me wonder...makes me wanna rant.. haha Is it moral to insight racial disharmony under the guise of journalist tag? Are journalists free to drum up fascist tenancies? Is that the only profession that has no consequences for recklessness?

Did higher standards of democracy stop US & UK invading Iraq to satisfy Bush’s oil buddies and throw kick backs to buddies at Halliburton? Did it stop Mr. Blaire pressuring MI6 to fake intelligence? Is it not a sort of twisted executive prime ministership?

Is it not corrupt practice to sustain a bloodline royal family for no good reason and tax payer cost when poor families live homeless in UK streets?
How dare they talk about nepotism?

Do the closet racists in EU (quite good at preaching) who run scared at the sight of a minaret set an example as to what democracy really should be like? Really a referendum is enough grounds to suppress religious expression of the minorities. Is fear psychosis the face of democracy?

Is it fair advanced democracies make a mockery of free market capitalism when they foreclose your home and then give your tax money in a twisted socialist slap on your face act to keep the influential people’s high roller life styles. Why did we bother destroying the soviet union?

Is it fair that we have to withhold on a public health care option because the insurance companies will lose some profits?

Is Sri Lanka so bad after all? Isn’t it a lesser of evils that lurk in the bigger world we called dear Earth? Makes me wonder…makes me wanna rant.. haha

]]> By: old Man http://groundviews.org/2009/12/09/the-battle-of-the-%e2%80%98commons%e2%80%99-and-de-militarizing-the-sri-lankan-society-part-1/#comment-11696 old Man Wed, 09 Dec 2009 04:26:25 +0000 http://www.groundviews.org/?p=2161#comment-11696 While agree with your basic thesis, I think to claim that the regime is furthering neoliberal economic policies is far fetched. The practice has been to increase regulation and increase state control in many areas of the economy, SLIC, SriLankan and SLT are prime examples. The Government has recruited some 600,000 to the public service; increased taxes substantially, interfered in wage negotiations (in the tea trade) and generally restricted private sector activity. Infrastructure projects are not subject to open tender or public scrutiny but are negotiated behind closed doors, mostly with China but also with certain private firms. Liberal economic policies tend to go hand in hand with liberal politics. See the link below and the comments: http://www.lbo.lk/fullstory.php?nid=1356360174 While agree with your basic thesis, I think to claim that the regime is furthering neoliberal economic policies is far fetched.

The practice has been to increase regulation and increase state control in many areas of the economy, SLIC, SriLankan and SLT are prime examples. The Government has recruited some 600,000 to the public service; increased taxes substantially, interfered in wage negotiations (in the tea trade) and generally restricted private sector activity.

Infrastructure projects are not subject to open tender or public scrutiny but are negotiated behind closed doors, mostly with China but also with certain private firms.

Liberal economic policies tend to go hand in hand with liberal politics. See the link below and the comments:

http://www.lbo.lk/fullstory.php?nid=1356360174

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