Libya : Law & Legalized Revenge
Jordan Times, May 28, 2013
TRIPOLI — Mohamed Al Megaryef, the president of Libya’s top political body, resigned on Tuesday to comply with a new law banning Qadhafi-era officials from government jobs. Megaryef was Libya’s ambassador to India in the 1980s under the regime of now slain dictator Muammar Qadhafi before he defected to become a leader of the exiled opposition for three decades.
The GNC passed the law on May 5 under pressure from gunmen who had surrounded the foreign and justice ministries for days to press the government to sack Qadhafi-linked officials. Many of the gunmen were former rebels who helped topple Qadhafi and were hailed as heroes for their actions during Libya’s 2011 revolution.
Megaryef criticised those in Libya who use weapons to push their agendas, saying it undermines the government’s efforts to rebuild the country and achieve democracy.
A member of the national assembly said a new president of the General National Congress was due to be elected soon to replace Megaryef.
But independent MP Abdullah Al Gamati warned that Megaryef’s departure would create “a vacuum” because “there is no one in the Congress who has the charisma to replace him”.
Several other members of the congress and administration officials are also expected to quit their jobs in compliance with the law. But Tarek Mitri, who heads the UN mission in Libya, warned that his would undermine state institutions and empty them of “experienced” people.
“Part of the worry… regarding the consequence of this law is the fact that it will deprive state institutions from some experienced and competent persons, who would be very difficult to replace,” said Mitri.
To speak of revenge in a course on law is to lay bare an open wound at the heart of law. On the one hand, law is built upon the exclusion of vengeance. On the other hand, revenge remains a constant presence in criminal law. In spite of the best efforts of philosophers, moralists, and jurists to banish it, revenge remains an irrepressible social and legal force.
So you have to ask the question: Can revenge be a just motive for criminal punishment? By considering those in the victims’ rights movements who argue for the importance and justice of “legalizing” and thus legitimating revenge, we ask whether justice is actually something other than legalized revenge. (www.vernunft.org)
The Legal System – Revenge or Compassion?
Osho: The Last Testament, Vol.5, Talk #22
…”Your whole legal system is a revenge system. The society punishes a person because he was disobedient, because he did not follow the crowd, because he was not part of the mob. He tried to be an individual on his own. He was playing his game according to his own rules. Revenge is not going to help, because you are doing the same crime that the criminal has committed. Of course, you have the support of the whole society; so nobody calls your punishment a crime. But any unprejudiced mind can see what you are doing.
“…The whole legal system needs to drop revengefulness. It has to become compassionate; it has to treat human beings with respect.
“Actions don’t count. What counts is the whole personality, which is a vast thing.
“An action is a small thing. Don’t make it too big. And we are making it too big. Somebody does something wrong – and remember it is human to err; everybody commits mistakes. But the mistakes should not be taken as equivalent to his life. It is only a small fragment in a long series. Don’t give it too much importance. Don’t make it the focus of light. Don’t throw that man into a jail, undignified, dishonored, all his humanity taken away. Don’t behave with that man as if he is an animal.
“Society needs to be more compassionate. Law needs to be more compassionate.
“Remember, man is not for law; law is for man. And if law is not helping man, then it has to be changed.
“It has not helped. There is no doubt about it. And I am not saying that “Withdraw all laws, and dissolve all courts.” I am saying that your courts and your laws and your legal experts should make the whole phenomenon based on compassion, not on revenge.
“And compassion is the essence of all religions. And if we cannot create our legal system based on the essential, fundamental religious experience of the ages, then future will condemn us; then future will think about us as barbarous, then future is not going to accept us as civilized people, cultured.