The Current Fragility of the Rule of Law
On 17 July 2014, a civilian plane MH14 was gunned down over Ukrainian airspace. All 283 passengers and 15 crew members were killed (Rankin, 2022). They will never know for what reason they died, neither did their families get any closure as no one was punished for the crime. The rule of law has indeed become fragile as the world faces myriad of issues ranging from inequality, environmental disasters and displacement among others. The pessimistic train of thought is further exacerbated by the election of bigoted leaders into office and the on-going conflict in Palestine, Syria, Yemen, Ukraine and many more.
The crux of the matter is that values, ethics or what we call the moral compass is sorely missing among those who rule the world be it leaders of countries or corporations. This decay has spread wide into society and we are fast losing values that distinguish us as humans.
In order to understand the reason for the decline, let us explore the history of the universal principles of the rule of law. History dates the earliest rule of law to ancient codes of Hammurabi, Confucius and Cicero (Piccone, 2020). In modern times, rule of law is defined as equality among all citizens (Choi, 2023), enforcement of rights of people and protection from crime (Piccone, 2020). Other definitions centred around the governance of the government in terms of absence of corruption and having an independent justice system. The Universal Declaration of Human Rights which encompasses economic, social, political and civil rights is supposed to be the epitome of the rule of law on human rights. However, the definition I gravitated towards is by Geoffrey de Q.Walker (Walker, 1988), that the people should be ruled by the law and obey it, that the law should be such that people will be guided by it.
It is interesting to note that the modern western legal system is built on religious foundations and for over eight hundred years from the late eleventh to early twentieth century the law in the West was supported by religious beliefs. Many legal standards, principles and rules were derived from the Bible and this relationship between law and religion was still strong just seventy years ago (German, 1983). However, by the twentieth century the connection between the legal and religious tradition became severed. This is largely due to the age of Enlightenment which began in the eighteenth century where intellectuals sought to emancipate political and legal institutions from religious influences. The Church with the power it yielded committed many crimes to stay in power, condemning those who questioned their authority or ideologies as heretics and burned them at the stake (Moore,2012). Although science came through a theological worldview, eventually there was increasing conflict between the two, especially with the Roman Inquisition of Galileo in 1633 and the struggle to accept Darwinism. The seminal works of John Draper (1874) and Andrew Dickson White (1896) paved the way for secularization (Whitehead) while the revolutions in America, France and Russia brought about the separation of church and state. This lay the foundation for modernity, where religion was relegated to a private sphere and was seen as a hindrance for development.
In the past century, we have witnessed many breakthroughs in medicine, telecommunication, transportation and industrialization. Man has conquered the sky, ocean and space. We have managed to overcome the drudgery of life, simplifying it with innumerable gadgets that allow us more leisure. We now constantly indulge ourselves with stimulants so that we can never be bored, be it with entertainment or food. The medical advances have helped those who are barren, to bear children, or have them through surrogacy. The internet has enabled global communication at minimal costs. The cheap cost of products ranging from clothes to appliances encouraged consumerism.
However, the advent of science has its consequences. Environmental pollution from carbon fuel and plastic has severely eroded the quality of air and food we consume, which in turn has affected our health. It is further aggravated by our over-indulges and we medicate ourselves to prolong life which results in a higher ageing population. Our overwhelming greed for more has depleted resources and we are heading towards scarcity made worse by climate-change. Did modernity or progress really improve our lives or did it destroy it? Could Divine rules have held us in check?
Since the beginning of the coronavirus pandemic, the world's billionaires, the richest one percent in the world, have increased their wealth by $3.78 trillion dollars, nearly two-thirds of all new wealth created since 2020. The poor, on the other hand, are struggling with soaring prices and rising debt. The world has not seen the simultaneous increase in extreme wealth and extreme poverty in twenty-five years (Ridgwell, 2023). To make matters worse, there are laws that allow the rich to legally avoid taxation for their growing wealth, while the income gap between the haves and have-nots increases monumentally (Thorbecke, 2021).
Paying tithe to the poor is incumbent on every believer in all the Abrahamic religions (Kertz, 1984). In Islam, a specific amount 2.5 percent of total income must be paid as tithe (zakat) and it is one of the five pillars of Islam which are obligatory acts of worship. If the world's ten richest men, who own more wealth than forty percent of humanity, practiced this rule, we could eradicate poverty and will achieve fair distribution of wealth.
Similarly, usury is prohibited by all the Abrahamic religions as well, however, the banking institution worldwide is based on interest (Vincent,2014). In order to own a house, a loan is secured with a bank, which requires payment for the next thirty years or so with an amount which is double that of the original price of the house, due to interest. The price of housing escalates and buyers are locked into debt for the rest of their lives. An interest-free economy will free people from rising debts and modern enslavement. The JAK Members Bank in Sweden offers an alternative way to own a home without paying interest. The JAK bank is a cooperative owned by its members who pay a membership fee. Members accumulate savings points and then use these when applying for a loan. The bank does not charge interest on the loan and no dividends are paid for the savings. All administrative and development costs are paid for by membership and loan fees (Anielski, 2004). It is a community effort to cultivate an interest-free economy.
Likewise, virtues were extolled by religion, in order for man to be righteous. We had leaders who were renowned for their honesty. Abraham Lincoln was known by the moniker "Honest Abe" due to his character. For a society to prevail in peace and justice, we not only need rules of law but also people of justice. It is the justice as a virtue of character that can raise justice as a virtue of a political institution. It has to be revived again in a world that has long neglected it, to put things in its proper places. Oppression is abuse of power caused by ignorance of the order of proper place leading to injustice which is none other than the displacement of the right order (Al-Attas, 2020).
It was with a heavy heart that I read the book "Billion Dollar Whale" (Wright & Hope, 2018) which chronicles the debacle of a sovereign investment fund, 1MDB, which was created in my country Malaysia, and how billions were siphoned out by the now fugitive, Jho Low. The magnitude of the fraud is unprecedented with major cover-up attempts by the ex-prime minister. Corruption in governments is widespread as the World Justice Project's Rule of Law Index has recorded alarming drops in every rule of law factor measured from data collected from 140 countries in 2022 (Piccone, 2022).
The world has witnessed many cases of corporate frauds over the years, some resulting in enormous effects on the economy. The 2008 Financial Global Crisis is a case in point, when investments in subprime mortgages, led to the failure of investment banks like Bear Stearns and Lehman Brothers which triggered the global financial crisis. Enron was once heralded as “America’s Most Innovative Company” is now a popular symbol of wilful corporate fraud and unethical accounting practices. Similarly Worldcom was another darling of Wall Street until it filed for bankruptcy in 2002. It was found the directors were using fraudulent accounting methods to push up the stock price. In the case of Baring Bank, the 233 year old bank was brought to its knees by a single rogue trader named Nick Leeson (Thajudeen K., 2020 ).
These stories of greed, bribery and fraud lead to the popularity of the field of corporate governance. It became the new buzzword that all corporate leaders and business schools harped on. The onslaught of scandals also introduced new regulations like the Sarbanes- Oxley Bill (also known as the Corporate Oversight Bill). This law imposes a number of corporate governance rules on all public companies with stock traded in the United States. The UK Corporate Governance Code is a set of of good corporate governance principles aimed at companies listed on the London Stock Exchange. Audit committees were established and independent directors and non-executive directors were appointed to ensure oversight and proper governance. Unfortunately, it did not stop the unethical behavior. The current demands on banks and corporations to show enormous profits push some of the corporate leaders towards fraud despite the many laws and regulations in place.
This brings to mind the story of Caliph Umar Al Khattab (r.a) who was travelling from Madinah to Makkah, and on the way he saw an African boy tending to his lambs. The Caliph asked the boy if he could sell one of the lambs to him. The boy replied he can’t do so because the lambs didn’t belong to him. The Caliph further prodded him by asking him to lie to his master that a wolf ate the lamb. The boy said he could cheat his master but could he cheat the Great Master who was listening to both of them? Sayyidina Umar (r.a) was so impressed that he bought the slave boy and set him free. The African slave boy was illiterate, he was not taught by scholars nor did he read books of knowledge but he had God- consciousness that made him do the right thing.
Being in the state of God- consciousness, believing that God is overseeing our actions, is a very simple act but the consequences of this belief is enormous. There would be less need for scrutiny, oversight, laws and regulations. Although the concept of God- consciousness has eroded in our societies and the advent of crime has increased rampantly including white collar crimes; each one of us can still make a difference by being the God- conscious individual through our communication and dealing with other members of society. We can strive for a future of communities that would be renowned for their character and truthfulness (ibid).
However, is God relevant in these times when man has advanced technologically and finds answers about creation in science? Many feel being religious is being backward and that being progressive is by rejecting all religious doctrines. The unbridled freedom that man has obtained has unleashed a different kind of madness. Humans now identify themselves as animals, children are confused about their gender and are encouraged by parents to explore their identity. Every day we are fed with new terminologies on sexual orientations that we are forced to accept , and if anyone dares to voice their opinion they will be cancelled. Lewdness has become mainstream and there is no longer a sense of shame among the young or old. Amidst this madness, there is a resurgence of religious movements with a growing number of Muslims and huge increase in Pentecostal Christians around the world (Berger, 2012). Humans need guidance to live according to rules of value and meaning without which life would not make sense and religion provides that guidance.
Strong abidance to the rule of law can only be achieved is we can produce rule-compliant human-beings. Human -beings who want to have beautiful, virtuous character to please God. The human condition now is (although people have better standards of living and healthcare) there is a growing void in our hearts that we try to fill with materialism, entertainment, food, sex, alcohol and drugs. People are more unhappy than ever despite having wealth. Our soul needs spiritual enrichment and faith in a higher authority to pull us through adversity. God- consciousness, allows man to function as a human by abiding by the rules set in the scriptures. Religion is not to be understood as mere rituals but to embody it as love towards other humans, animals and the environment. Clearly man is in need of rules and in order for him to abide by those rules he has to fear punishment, seek reward or do it merely for the love of God.