“Witness Protection: An Important Measure For The Effective Functioning Of Criminal Justice Administration”

Think India ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 129-142
Author(s):  
Prashant Rahangdale

The efficacy of criminal justice administration can be adjudged by the ability of courts to punish the wrongdoer and impart justice to the victim. During the process of finding the guilt, courts rely upon the evidence adduced by the parties in the oral or documentary form. The oral evidence is submitted by the means of versions of witnesses. Witness act as a valuable source of information for the courts to bring out the guilt of the accused. The versions of witness facilitate the courts to arrive at a judicious decision. Therefore, the witness plays a prominent role in criminal justice administration. For this reason, Whittaker Chambers said, “In search of truth, he plays that sacred role of the sun, which eliminates the darkness of ignorance and illuminates the face of justice, encircled by devils of humanity and compassion.”[1] However, it is a bitter truth that the condition of witnesses is turning pathetic in the justice administration system day by day. The reports of inducement, threatening, harassment and intimidation of witnesses are coming every day on a rolling basis. All these incidences create fear in the mind of witnesses due to which witness hesitate to come forward to cooperate in the court process and often turn hostile. Moreover, a witness also falters due to lack of witness protection mechanism in our country. Law Commission of India in its various reports highlighted the problems faced by the witness during the course of the trial and recommended to incorporate a comprehensive policy on witness protection. Hon’ble Supreme Court of India through its judgement revamped the urge for witness protection regime in the Indian judicial system. In this research paper, the researcher seeks to highlight the problem faced by the witnesses in the criminal justice system and discuss the issue of witness protection in India.   [1] https://www.scconline.com/blog/post/tag/sit-and-cbi-probe/

Author(s):  
Ronald Hoinski ◽  
Ronald Polansky

David Hoinski and Ronald Polansky’s “The Modern Aristotle: Michael Polanyi’s Search for Truth against Nihilism” shows how the general tendencies of contemporary philosophy of science disclose a return to the Aristotelian emphasis on both the formation of dispositions to know and the role of the mind in theoretical science. Focusing on a comparison of Michael Polanyi and Aristotle, Hoinski and Polansky investigate to what degree Aristotelian thought retains its purchase on reality in the face of the changes wrought by modern science. Polanyi’s approach relies on several Aristotelian assumptions, including the naturalness of the human desire to know, the institutional and personal basis for the accumulation of knowledge, and the endorsement of realism against objectivism. Hoinski and Polansky emphasize the promise of Polanyi’s neo-Aristotelian framework, which argues that science is won through reflection on reality.


Author(s):  
Andrew Bowie

Like the other German Idealists, Schelling began his philosophical career by acknowledging the fundamental importance of Kant’s grounding of knowledge in the synthesizing activity of the subject, while questioning his establishment of a dualism between appearances and things in themselves. The other main influences on Schelling’s early work are Leibniz, Spinoza, J.G. Fichte and F.H. Jacobi. While adopting both Spinoza’s conception of an absolute ground, of which the finite world is the consequent, and Fichte’s emphasis on the role of the I in the constitution of the world, Schelling seeks both to overcome the fatalism entailed by Spinoza’s monism, and to avoid the sense in Fichte that nature only exists in order to be subordinated to the I. After adopting a position close to that of Fichte between 1794 and 1796, Schelling tried in his various versions of Naturphilosophie from 1797 onwards to find new ways of explicating the identity between thinking and the processes of nature, claiming that in this philosophy ‘Nature is to be invisible mind, mind invisible nature’. In his System des transcendentalen Idealismus (System of Transcendental Idealism) 1800) he advanced the idea that art, as the ‘organ of philosophy’, shows the identity of what he terms ‘conscious’ productivity (mind) and ‘unconscious’ productivity (nature) because it reveals more than can be understood via the conscious intentions that lead to its production. Schelling’s ‘identity philosophy’, which is another version of his Naturphilosophie, begins in 1801, and is summarized in the assertion that ‘Existence is the link of a being as One, with itself as a multiplicity’. Material nature and the mind that knows it are different aspects of the same ‘Absolute’ or ‘absolute identity’ in which they are both grounded. In 1804 Schelling becomes concerned with the transition between the Absolute and the manifest world in which necessity and freedom are in conflict. If freedom is not to become inexplicable, he maintains, Spinoza’s assumption of a logically necessary transition from God to the world cannot be accepted. Philosophische Untersuchungen über das Wesen der menschlichen Freiheit und die damit zusammenhängenden Gegenstände (Of Human Freedom) (1809) tries to explain how God could create a world involving evil, suggesting that nature relates to God somewhat as the later Freud’s ‘id’ relates to the developed autonomous ‘ego’ which transcends the drives which motivate it. The philosophy of Die Weltalter (The Ages of the World), on which Schelling worked during the 1810s and 1820s, interprets the intelligible world, including ourselves, as the result of an ongoing conflict between expansive and contractive forces. He becomes convinced that philosophy cannot finally give a reason for the existence of the manifest world that is the product of this conflict. This leads to his opposition, beginning in the 1820s, to Hegel’s philosophical system, and to an increasing concern with theology. Hegel’s system claims to be without presuppositions, and thus to be self-grounding. While Schelling accepts that the relations of dependence between differing aspects of knowledge can be articulated in a dynamic system, he thinks that this only provides a ‘negative’ philosophy, in which the fact of being is to be enclosed within thought. What he terms ‘positive’ philosophy tries to come to terms with the facticity of ‘being which is absolutely independent of all thinking’ (2 (3): 164). Schelling endeavours in his Philosophie der Mythologie (Philosophy of Mythology) and Philosophie der Offenbarung (Philosophy of Revelation) of the 1830s and 1840s to establish a complete philosophical system by beginning with ‘that which just exists…in order to see if I can get from it to the divinity’ (2 (3): 158), which leads to a historical account of mythology and Judeo-Christian revelation. This system does not, though, overcome the problem of the ‘alterity’ of being, its irreducibility to a philosophical system, which his critique of Hegel reveals. The direct and indirect influence of this critique on Kierkegaard, Nietzsche, Heidegger, Rosenzweig, Levinas, Derrida and others is evident, and Schelling must be considered as the key transitional figure between Hegel and approaches to ‘post-metaphysical’ thinking.


2001 ◽  
Vol 74 (186) ◽  
pp. 425-443 ◽  
Author(s):  
David Killingray

Abstract Hundreds of thousands of African soldiers and labourers served in colonial armies during the two World Wars. Most were non-literate and there are relatively few first-hand records of their experiences. Using oral evidence, soldiers' letters and official reports, this article allows the African voice to describe the role of individual men as they enlisted, or were conscripted; the period of initial training; the encounter with new forms of clothing, food and the artefacts of the modern world; travel overseas by ship to the war theatre; the face of battle; leave in foreign cities; and the stresses of long absence from wives and families. A final section looks at the process of demobilization and home-coming and places in perspective the involvement of ex-servicemen in nationalist politics after 1945.


2015 ◽  
Vol 37 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Matthias Fritsch
Keyword(s):  
The Gift ◽  
The Face ◽  

This essay proposes a reinterpretation of Marcel Mauss's famous The Gift with a focus on the question as to why gifts obligate recipients. Mauss argues that for the archaic cultures he studies, a donor is not separable from the thing given, so that the recipient also receives some of the donor's ‘spirit’ that wishes to return to its origin. In my reconstruction, I stress that the donor is not separable from her gift because it is understood to come from her tribe, its tradition and ancestors, as well as from its ‘native soil’ and natural elements, which are taken to be inassimilable by the recipient. I then examine Derrida's reading of Mauss in view of this unpossessable and the role of natural elements in it. In the face of Derrida's rejection of Mauss's foundationalist use of a cyclical nature, I conclude that for both authors nature may name not only a desire for the origin, but also a differential and open-ended force that turns and re-turns in all gifts.


2022 ◽  
Vol 04 (01) ◽  
pp. 656-669
Author(s):  
Basim Rashid ZOBAA ◽  
Osama Hamdan Abdullah RAHIM

The Holy Qur’an is the Book of God Almighty، and He described it، Glory be to Him, with several descriptions, and He told about it that it is a book that needs contemplation that leads you to the goal of the intended verses, and you think about the verses، rather the wall، to come up with a conception of it. The event, rather, depicts it from its different angles, and that is the camera in the Holy Qur’an, as it paints for us a vivid scene that pulsates with life in which all the meanings of life are dialogues and embodiment of what is not in a body, a chemical substance or a physical space. The place is separate from the time, but the study of the scene is fragmented, with a metaphor here or a metaphor there, this kills the scene and takes it out of its beauty. For this reason, the choice was made to study the scene in the Holy Qur’an، in order to clarify the beauty of the Holy Qur’an that is not limited to the verbal only, but comes out in the word to what is embodied، reasonable and metaphysical. This research is based on an introduction in which I talked about the scene in language and terminology, then she added to talk about the role of some linguists in approximating the term scene. As for the requirements of the research, the first of them is devoted to the study of material examples, as the importance of the material aspect in nature in general is mentioned in it, and this is supported by texts from the Noble Qur’an. As for the second، it was to study the moral examples، so I talked about the abstract morals, which are the perceptions of the mind, which do not possess tangible or tangible entities, and I included them with some examples of what was mentioned in the Holy Qur’an as well. As for the third, it was to study the unseen examples, in which I dealt with talking about the unseen، which is everything that is absent from man, corroborating that with what was mentioned in the Holy Qur’an. Finally, I say: This is a humble work in its chapter whose goal is to serve the word of God Almighty.


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