Conscience and the Law

Human beings are conscious entities.That means we are endowed with the capacity of mind. There is a great deal of argument, and has been for quite a long time, as to whether human beings are first and foremost purely physical beings or whether we are innately thought or mind or consciousness. I'm not sure whether we will ever come to some kind of agreement and conclusion to this argument, there are valid points to both sides, and both sides can easily be established as the foundation of human reality. But that does not negate the fact that besides this physical being which exists there is something incorporal which appears to be the foundation or first principle which makes our humanity significant amidst all the other aspects of human existence. This conscious element has been deemed spiritual, whether or not it is actually an extension of some divine thing or not is part of the argument which may never be concluded. But the divinity or or natural nature of what we are is not the question. Tthe question is what is the role of this consciousness, this part of us which is our conscience, the part of us which gives us values and determines ethics and morals?

It is argued that's ethics and morals are simply a matter of what best suits the general well-being of the many. IE we do not steal because it would be harmful to a member of the collective whole and ultimately harmful to the rest of us or we do not commit murder as that is harmful to the individual and threatens the rest of us. Every ethical or moral standard is substantiated or validated as a matter of its negative impact on the whole. There is no intrinsic right or wrong, all is a matter of qualitative impact on society as we exist as corporal beings.

Law is the attempt to provide a substitute or level of consciousness to a corporate entity or collective, but is actually artificial. The collective or corporate entity is not a real entity, it is an arbitrary construction of the human mind to establish something as real which actually has no existence beyond human imagination.

 Our problemis the fact that we have bought into this imaginary existence as if it were real. By buying into this illusion we have sacrificed the human capacity of conscience. Law has been substituted for what is innately a human quality. The assumption is that laws can be made to cover all of human experience and that in these laws all exceptions may be considered.unfortunately that is not the case and there are always exceptions which will not be codified, and it takes something other than a code, a set of rules to apply a rational human ability to judge and make exception.

To a very limited extent our judges are given leeway to apply conscious exceptions and as far as it goes this can be good, it can also be abused, and unfortunately has been. But regardless of the abuse rendered that does not change the fact that it is we the human being who are innately conscious beings, and it is we the human being (prior to possible extra-concious influences) who are the people, whose will and conscious minds exercise conscience. Admittedly, though this may be the natural state of the human being, many factors come into play which taint our ability to exercise good conscious judgment, thus we depend on what appears to be our second best, a legal system with human judges subject to the same frailties as the rest of us. So as a matter of our not being able or confident to exercise what is our natural human endowment we have to settle for our second best ... The Law.