Transdisciplinary Ways for a Global Juridical Conscience (Part I)

Gustavo Lauro Korte Jr, Doctor of Law, Professor, President of the Center for Interdisciplinary Research, Sгo Paulo, Brazil

The article focuses on values and an innate notion of order, religions, theories, doctrines and levels of thinking, reality and levels of existence. The author also describes generic transdisciplinary procedures, provides an insight into empiric and pragmatic approaches against crimes, corruption and social ruptures.

Key words: order, juridical knowledge, levels of thinking, generic transdisciplinary procedures, methods to knowledge, fragmentary and holistic knowledge, verbal languages, global integration.

Introduction

Being and no being were not in the beginning.

Neither the flow of the wind not even the heaven above.

Who was taking care and embracing the world?

Where was the ocean, where the inscrutable abyss?

Immortality and death did not exist.

The night did not appear and also not the day,

The Unity blew in the origin of everything but did not move.

Within the cosmic context nothing more did exist.

(Hymn of Creation, Rigveda)[1]

 

To think is a process. Originated in the mind, the action of thinking communicate is a previous electromagnetic human individual phenomenon propitiating the transference of ideas and thoughts  to other people. When excited by some physic, biological, chemical, electric or electromagnetic impulses all mental processes require some sort of order, rules and patterns. 

Sixty years ago I have heard from my first teacher of philosophy that human kind is different and superior when compared to other living beings because we exercise the verbal language. His believe was that without verbal language we are not able to think. Since that day I disagree with such intellective formulation.

To induce knowledge there are genetic dispositions directing the human being to mental processes. Mind produces thoughts and electromagnetic discharges. Those procedures demand a natural obedience to some basic orders, rules and patterns. That submission propitiates the process generator of thoughts. But, the processes to order ideas and to order words have not the same dimension because to order words we have to accept the grammatical and logical rules dictated by verbal language what doesn´t happen when we order only ideas.

Order, as a noun, expresses an essential foundation of thinking. Black´s Law Dictionary defines it as a mandate, a precept, a command or direction authoritatively given, a rule or regulation... Term is also used to designate a rank, class, or division of men; as the order of nobles, order of knights, order of priests… Final order. One which either terminates the action itself, or finally decides some matter litigated by the parties, or operates to divest some right; or one which completely disposes of the subject-matter and the rights of the parties.

To order seems to be a basic procedure to understand the possible evolution of the mental activity. As an attribute, ordering seems to be a final disposition of ideas conducing to a correct result. Ordering and to order are words inducing to understand the correct procedure as the natural purpose of existence.

Disorder, as a noun, means a sort of partial, slight and temporary physical ailment.

Opposed to order, social sciences identify disorder as a turbulent or riotous behavior; immoral or indecent conduct; the breach of the public decorum and morality.

Physical Science measures disorder as entropy, that is a measure of the amount of energy in a physical system not available to do work. As a physical system becomes more disordered, and its energy becomes more evenly distributed, that energy becomes less able to work.

We shall measure order by the progress resulted from it. We shall measure disorder by the entropy present in it.

To clarify what we shall understand as order, to establish and to obey natural, state and social orders we have to adopt that natural, state and social orders are fragments of a generic state of conscience. From the social state of conscience are originated the natural and reasonable procedures adjusting our common ideal for a democratic, free, equalitarian and fraternal society. 

 

2 Values and an innate notion of order

Value is usually referred to an economic meaning. Price and value are connected during the daily commercial relations.  But, value is also used for non economic phenomena when we say that a painting has a great cultural value.

There are a sense of value and a sense of existence.  Value is also used to measure the utility of an object is satisfying, directly or indirectly, the needs or desires of human beings, called by economists “value in use”, or its worth consisting in the power of purchasing other objects, called “value in exchange”.   Value meaning worth carries other ideas such as price, cost, quality, concept, merit, consideration, regard, influence, authority, significance gives support.

In fact, we have observed that when we refer to value we have on mind some sort of scale. That means some graduation. An hierarchic classification. Chronologic scale becomes explicit when we say actual value, past value or future value. Market value means the scale of current price. Preference and selection appoint some sort of value defined with the help of other sense than only economic. Kant teaches about echt moralischer Wert referring to moral values.

Many people have studied value and have exposed different theories about values. Plato attributed to ideas the maxima dignity, therefore, ideas are worthy.

We should extend this approach to value ad infinitum, but it is not the main object of our theme. We have a limited time and restrict observations. We let that discussion to advance in our presentation.

Order is understood as a noun and to order as a verb. Order, as a noun, corresponds to a natural scale of values, patterns, virtues, empiric and idealistic rules. But artificial order many times gives support to many other meanings and theories.

Natural order seems to be in Nature itself, imposed by the cosmic constitution of existence.

As a consequence of that belief, to order becomes a process of recognition of some entities related to others.

I adopt as a postulate so as Plato did, that all minds have an internal impulse to order things, facts, ideas and phenomena. That original impulse moves human mind to the acceptance of categories as the first step to relate ideas. Entelexía is the correspondent Greek word to that effective internal pulse. Entelexía is in fact an impulse.

When using an idiom as a specific national or regional verbal language, we recognize immediately two sorts of categories: lexical and logical.

Usually in western idioms lexical categories refer to:

a) substantives, nouns, ( identifying  the  essence of word in itself);

b) adjectives ( words related to the noun or to other adjective to qualify, limit or define it); 

c) verbs (expressing the action or state of beings, also the static or dynamic relations between beings, entities or abstract ideas);

d) adverbs (words used explicit the contextual sense of the verb, of the adjective or other adverb, with the power of modify their meanings);

e) pronouns, ( words used to substitute the nouns, instead of the nouns);

f) conjunctions, (words used to join clauses, to connect verbal phrases or complex expressions);

g) prepositions, (words used to join words as  nouns, adjectives, verbs etc. showing the relation to some other word in the sentence);

h) interjections, ( words expressing passion or emotion when suddenly uttered) and

i) articles,  a, an (the indefinite articles) and the (definite articles) are words used to designate definite or indefinite ideas.

Logical categories define the function of the word in the structure of the verbal expression. Verbal expressions are linked by connectives coordinating or subordinating one expression to others. Subject, object, predicate, attribute and connective are the basic functions. But there are others. The preliminary process of recognition including these two verbal categories are very useful to understand distinct idioms.

A basic analysis of verbal expressions adopt categories as previous degrees that reveal and transfer to our forms of perception the essential idea of the object we are reflecting, talking or hearing about.

It seems to be difficult to define the categories when we refer to arts, in special plastic and musical arts, because they are not limited by the logical and grammatical rules of verbal languages. Both fields of artistic expressions are able to transfer feelings and perceptions from the artist to their public transcending the limits of verbal rules.

Accepting time as a noun, included in that grammatical category, the sequence induces to identify the notion of time as an abstract phenomena, including past, present, future, dreams, projects and hopes.

We become able to recognize abstract and concrete categories of nouns when we refer to human behavior as intention, desire, hazard, chance, fortune, will, opportunity and human values.

Using the capacity of connecting and relating ideas, we are induced to think that there are limits in the relations between different nations and people when they are only linked by the a common idiom.

The doubt consists on knowing if, by that common verbal language, they become able to recognize the same scale of social patterns and values.                    

The solution seems to be easy: if different people don`t have a common verbal language, therefore they will need to start electing a common idiom and with it they have to identify common and different needs, values and intentions.

The elected common idiom doesn´t seem to be enough to propitiate a simultaneous and convergent procedure to a common goal.

Soccer teaches that the game has to adopt at least two opposed goals.   

Human game in global era is composed of many goals, not only two.

What I want to clear is that our performance as lawyers, teachers and academic students has to recognize the simultaneity of an infinite human objectives concurring since the past to global present and future era.

By one way we shall observe that it is not essential to establish a common verbal idiom, but, in fact, it will be necessary common patterns of identification of ideas, facts, goals, actions and categories not restricted to verbal forms of expression.

Pattern seems to be a sign indicating the way to arrive to some specific knowledge.

Philosophy uses methods as ways to knowledge. 

Methods use patterns of procedures to arrive to an objective.

Human patterns are used as values, fixed and built paying attention to the needs and intentions of human being when living in communities. They are related by mental processes to define individual and social behavior. Conscious internal tension is an intension. 

When we observe Nature and its phenomena we are induced to recognize human, natural, planetary and cosmic values.  I adopt as a postulate that every entity carries some sort of internal tension.

Human values are identified directly as mental impulses giving origin to intentions, actions and motions during our experience as human social beings. They are commonly recognized as moral, legal, economic, physic and social patterns.

Natural values are identified with planetary and contextual life without human intervention. They seem to give signals how to preserve the Planet in its micro and macrocosmic relations.

The acceptance of natural values has been effective in the past. Now, conditioned by consumer society, the cosmic and natural patterns are at most maintained under a subliminal state of social conscience.

Global society announces that human mind adopts human values as more essential than natural ones. Global conscience of human kind is processing the substitution of natural values by human patterns.

Artificial values emerge from globalization process, seeming to be dominant in future. Natural and cosmic values help the definition of rules directed to preserve Nature as it is. We observe that the artificial human values are directed to other objectives. The projected conclusion makes evident that human kind is advancing to a parallel or wrong way.

We have to correct that human procedure.

 

3 Some perspectives announcing future

Perspective is an abstract noun meaning some hypothetic possibility .

Social sciences and philosophy study perspectivism as the possibility to consider the global phenomenon and, in general, the world, starting from different points of view and converging to unity.

Gustav Teichmüller ( cf. Die Wirkliche und die scheibare Welt, 1882) explained that we are able to observe the world from distinct points of view, all sufficiently justified, in such a form that from each distinct point of view the result offers only one perspective, that is, the only abstraction possible to understand what will happen in the future.

Leibinitz in its Monadology arrives to similar conclusion.: “So as a city observed from distinct points seems to be another city, completely different and so as multiplied prospectively so the infinite multitude of single substances gives place to other many different universes which are not more than perspectives of the only universe observed from different points of view of each monada”.

Nietzsche identified perspectivism or fenomenalism the fact that the nature of animal conscience only allowed to acquire the conscience  of the world as something superficial and generic, as the result of the union of the conscience with corruption, false perception and  superficial generalization.

 Radosla A. Tsanoff (in World to know: a Philosophy of cosmic perspectives, 1962) identifies “cosmic perspectives “as the ways to see the world”.

When we direct our mental efforts to recognize different proposals of life we have to remember that the inclusion of geometric perspective in figures, geometry and plastic arts began about five thousand years ago and has been more developed during the recent twelve centuries with the cultural process we are all inserted.

The first systematic studies of perspective have been renewed in paintings by the classic social revolution called Renascence (sec. XIII) and its plastic artists.

We are able to recognize the scientific progress directed to identify the structure of thoughts and its origins as result of many trials, approaches and reflections.

Some moments of those approaches have been cleared by Aristotle (sec. IV b. C.) when he focused his attention in the study of the categories of ideas and their respective words. The Greek philosopher perceived that when we began to identify specific things and thoughts we have to submit our mental process to some sort of previous language reflecting a natural order, complying what is sensible with its correspondent idea. Aristotle, as it was usual in Classic Greece, had the help of a formal verbal grammatical language.

Many disciplines directed to social sciences have been expanding their foundations and studies based essentially in formal verbal languages.

Now, I invite you to observe the existence and general use of some distinct ways of expression and communication not restricted to formal verbal languages or some specific idioms.

Aristotle (IV B.C.) believed that there are two essential kinds of expressions: 1) the ones that mean something without being linked with others (man, window, movement); and 2) the ones that only acquire meaning when linked to other expressions (man running, opened window, circular movement).

To such Greek thinker, the expressions without link didn`t refer neither to affirmatives nor to negatives, but they were recognizable and identifiable in and by themselves, and assigned to categories. Such categories informed the meanings of: 1) substance (ousia), as the man and the window; 2) amount (poson) (two, three things; 3) quality (poion) (white, black); 4) relation (proz ti) (half, double); 5) place (pou) (city, home); 6) time and date (pote) (yesterday, year); 7) position and situation (keimai) (stand, lied); 8) possession and condition (exeimi) (armed, dressed); 9) action (poiein) (does, walks, talks); and 10) passion (paskein) (feelings, hurt).

Such mandatory intuit is noticed as inseparable of the cognitive process. There is an original need of recognizing on the objects of the perception forms a little bit of simple essentiality, not complex, by which the ideas can be recognized.

While people search ways to express themselves, by sounds, words, gestures, images, figures, actions or movements, to communicate or to transmit some meaning to others,  it becomes necessary that such meaning is recognizable by the ones who receive it, otherwise it wouldn`t generate, by itself, any of the desired effects.

The communicative experience translates some sort of relations between human beings and the entities with which they are connected, related or supposed to be inserted in some specific or temporary context. A verbal language well structured and with a systemic form of expression maintains the intended   communication during centuries.

But we have to agree that the use of a unique idiom and its formal grammar to think and to communicate becomes a sort of restriction on the process of knowledge and reflects a fantastic reduction of our power of thinking.

Therefore, global culture and science, since the beginning of our actual stage of civilization, are trying to develop a precise language that should induce us to the ways of a progressive knowledge. But, as the specific lines of research, that language becomes accessible basically only for the students of that discipline. 

In fact, the actual stage of our global cultural arrived to many forms of communication, using specific disciplinary languages, which are not understood by students and researchers operating on the others fields of knowledge.

Really, we are living in a global confused by so many alternatives.  

We shall observe that powerful nations use to submit weak people to learn and practice their dominant idioms. It reveals a natural effort of the social human power to rediscover a lost common language.

To advance with formal language we need to know its rules which can combine the symbolic expressions with the notion of grammatical categories and the logical functions. We shall direct this approach to some cosmic amplitude searching an universal form of communication, trying to become holistic and cosmic researchers. But we have conscience of our weakness and we understand as an inevitable contingence that we have to proceed reducing our studies to fragments adopted as fragmentary informs, not complete information or partial knowledge.

We are excited by the desire to know the invisible. The invisible announces a supposed whole, which is previously admitted as something infinite, not possible to be limited.

We believe our advance is possible approaching the fragments.

We perceive the fragmentary knowledge as the only which gives useful results because we have conscience of our fragmentary limits of reason, empiric perceptions and physic existence, observed from the perspective relations projected by the intuitive notions of space, time, matter and energy.

Fragmentation seems to be the only way to knowledge even when we know that the results will be uncompleted, provisory and not useful for all sciences. 

Cosmic, universal and holistic knowledge are utopic if we understand that the whole is not contained in the sum of the parts but all parts are included in the whole. In fact, the whole transcends the sum of the parts.

The mental movement is not concerned to make equal the being and its representation but to transcend that relation searching the link between activity and theory. 

Emmanuel Lévinas, in the Preface of his Essay sur l´exteriorité  under the title Totalité et infini, has signalized that link saying that philosophy is able to reveal the meaning of that relation between activity and theory but not having that result as a goal. The expression of the phenomenon emerges with and in itself.

To work conscious, with conscience, is not to equalize the Being by its representation but it is some sort of mental work. It is expressed by the intention to clear where that adjustment has to be processed. In fact, it is a dynamic process to define the borders of the phenomenon and to adjust that perspective to what seems to be the best possible result. What suggests philosophy discovering but not producing knowledge, because knowledge comes with the perception of the phenomenon, in it and with it.

Human mind is always searching synthesis as the result from the sum of parts.

Cartesian method gives synthetic knowledge as a formal consequence of the composition of analytic knowledge. It is a natural tendency to believe that synthetic formulation is an advance over analytic observation. We have to decide if we will adopt synthetic or analytic procedures.

The research procedure seems to be correct if the work operates within the limits of order of greatness accessible by our senses. That is, empiricism is the most usual method to acquire conscience about what we are tryng to understand, but we know that the empiric forms of perception are fragile and don´t give enough support to abstract reasonable thoughts.

Rationalism becomes a useful method to order, but is always conditioned by empiric perceptions and the limits of mental processes. When we become able to announce the conclusion of our observations by rational methodology we think we arrive to the law of the phenomenon, that is, to the expression of the relation cause-effect.

Sceptic methodology reveals the modesty of the researcher when he puts in doubt everything he supposes to know. We can observe that our intellectual tradition induces the mind to try to unify knowledge.  It seems that we have to verify if that conduct is strictly necessary or we are allowed to reject that impulse to universalize knowledge

Methodic empirism is necessary to unify knowledge. It excites the aggregation of fragmentary experiences and shows a peculiar perspective for a synthetic conclusion. What means that empiric methodology, based on sensible experience and experiments, is essential  to guarantee credit to what we think.

The efforts to synthesize knowledge unifying fragments show that sensitive approaches are essential to propitiate positive and useful results. The ordination of categories becomes essential to understand the relations stimulus-answer and antecedent-consequent.

Pragmatism is the way by which we adopt some objectives supposing they will be the useful  result of the knowledge and we reject others putting them away, because we believe they will not give support to what we intend.

Intuition suggests the existence of intuitive forms of perception. They us to recognize some of the infinite number of ideas, entities and objects as fragments of the whole.

Phenomena shall be studied and described under objective formulations. The verbal language makes possible the communication of part of results of such intellective efforts.

But only the methodic descriptions and narratives formulated during and after the cognitive approach translate ideas with the characteristic of sufficiency and veracity on themselves. Otherwise, is essential to observe that it is the shortest way to understand ideas related to others ideas.

Isolated ideas are useful only as theoretical arguments or when integrated to complex forms of thinking. Heidegger classified those procedures of description as identifying the ideas by das sein, eins sein und mit sein. And we arrive to a convergent point: there are categories of ideas and thoughts which existence is ever related to others, that is, there existence is possible to be considered only as mit sein. Adjective is included on that category.

During the mental process becomes clear that ideas are reported to entities whose connections are fragments of the universal context.

The perceptions of those entities, objects, actions, movements and fantasies are always particular and limited to the individual power of perception. What means that our mind, as a consequence of its natural and physic constitution, is not able to transcend fragmentary forms of perception.

On terms of abstract and concrete, most forms of thinking need relations, links and connections to become useful and understood. To transcend we need to believe.

Since the beginning and during the process of knowledge, our mental efforts have been included to elect some postulates.

First, to a sense of a former unity linked to the generic idea of universal movement, that is, all things and thoughts move to a unique central point.

Second, we shall arrive to the idea of One, Unique and Universal Whole obeying the mental process of cognition and connecting ordination with composition of fragments.

Third, we receive intuitive impulse to perceive matter, energy, space and time as essential concepts to compound the knowledge of the whole. The main question is reduced to clear if there are essential and non essential elements what means to know if the whole contains something not essential in itself.

Forth, we generally accept as true what is common or different between the fragments we have identified with the help of verbal language. The process of identification obeys the ordination of the objects of thoughts according to their grammatical and logical categories, phyla, classes, orders, families, genders, species and varieties.

Fifth, we are induced to relate those notions, establishing forms of communications through which that supposed knowledge becomes able to be transferred to other human beings, for present and future generations. We hope that they should be integrated to the memory of human kind, which possibly becomes acquired characteristic or phenotypic change, and like so, integrates the social or collective memory. 

The definition of memory refers to the capacity to evoke previous similar experiences in face of some stimulus. Memory is a sort of electromagnetic field that archives the intellective and empiric phenomena occurred during the individual or social existence. We feel that there are individual, collective, social and national memories. Why not also a planetary memory or a cosmic memory?  

Social efforts and the renewed testimony of that movement link the conjoin of collective and individual beliefs, uses, customs and traditions. Sometimes they are reproduced or accepted as historic facts or historic documents. With such contributions human societies establish the foundations of their particular process of evolution. 

Consequently, the construction of social structures, systems and organs helps people to distinguish present nature of human societies from what was its past and from what we suppose and hope to become its future. 

    

4 Structures, systems and organs

Structures, systems and organs are answers to the efforts of human mind when trying to order the processes of thinking. They seem to be the only possible way to recognize order in the empiric and theoretic approaches to reality. They are present within concrete and abstract entities.

The mental procedures expose all sensible phenomena as parts of some structure, system or organism.

Past, present and future are three accepted intuitive stages to localize phenomena in chronological dimensions, but we are able to admit that the idea of time has always an essential and indissoluble link with the notion of space. Therefore, it is easy to accept that we are not able to think without referring to the intuitive notions of space and time. But it is not only that sort of previous restrictions that dominate our thoughts. They are also submitted to the intuitive notions of matter, energy and internal tensions.

Matter and energy are also conditioning our forms of thinking.

Intellective approaches to Science and Philosophy show that at least five intuitive dimensions rule our forms of thinking. Space, time, matter, energy and internal  tension.

The notion of entelexía helps to understand the meaning of natural tendency to perfection or original internal tension to be and do the best. That tension is the essential cause that moves all entities.

We began our presentation introducing the concepts of entropy and entelexía.  When studying thermodynamics, scientists have recognized an internal disorder as some sort of internal force present in all matters but more easily observed during the variations of temperature. That means, scientific experimental observations induce to confirm that every matter contains and internal tension increasing its internal disorder.

By other mental procedures, philosophers are induced to recognize entelexía as the internal impulse moving all entities to become complete, perfect in themselves, what also means to become perfectly ordered according to their nature.

We have observed structures and systems in our collective memory as part of our collective past. They shall be respected as consistent if proved by historic documents. But they shall be accepted as a true past also without proves, only received like so by our believes.

Sometimes structures, systems and organs are only perceived because they affect our senses and become perceptible. But we have to admit the possibility and  probability of an infinite series of structures and systems not perceived through our sensitive organ, even when they exist  simultaneously with our relations space-time-matter-energy and intentions.

Because of that we adopt complexity not only as a possible postulate, but an effective and real probability of existence.  It means that everything is complex, interlinked and nothing exists or happens isolated [2].

Empirical  Sciences  inform that the  processes  of  transmission of  ideas and forms of thinking  occur  by propagation  of electromagnetic waves.   That phenomenon  has its starting point in the mind  and is generated by external or internal stimulus.

Internal impulses are also recognized as desires, wishes, intentions, volitions. Religious and mystic prayers talk about temptations referring to what they suppose as a wrong impulse.

The diffusion of ideas happens resulting from movements of propagation  of electric and electromagnetic waves with their perceptions limited by the electromagnetic capacities of human mind. 

If someone is interested to share some idea he needs to use some rules of communication understood by whom his action is directed. Within human relations, if  there  is someone  trying  to communicate he has is a great chance to have another person ready to receive the message by his own wish or obeying internal or external orders.

 

5  Religions, theories and doctrines

Approaching  distinct  points  of  view  we  have  observed  many  doctrines,  offering distinct  structures and  systems of thinking, forming  streams of convergent and compatible  ideas, from  which we are able to distinct  three  more  relevant, both  marking the opposed  limits of possibilities.               

The first one refers to those that observe  the universe as a whole, unic, holistic, total, to whom  it seems possible and  probable the communication between  present, past and future, that is, to communicate  with entities that have been existing on the past  to those that will exist on the future. They accept the sense of universal time, named by the Greek as ayon.

On that group there are those who believe  on  the eternity of the Being,   that is, what does exist now has been ever existing. We all are eternal and, so, we are all divinities.

For them death seems to be an  implication of  life. 

We observe that for some of those believers the concept of death reveals a metamorphic process that doesn´t exclude simultaneity with other existences of the same individual on distinct levels of reality. It seems to be an implication of the intuitive notion of the universal time which doesn´t change the continuity of existence. For them it is not impossible to speak with dead people because in fact they believe that death is only a metamorphic phenomenon not related to the interruption of existence. But that sort of field of thinking is not object of the empiric or theoretic modern sciences.

The second doctrine is formed by empiric sciences and philosophical doctrines based on human senses and perceptions, submitted  to the meaning of  multiplicity of empirical  characteristics. 

The plurality and complexity of facts induce to believe that everything is previous determined by an universal immutable design which is not changeable.   That means future is written and what is written is immutable.  That inevitable future is designed destiny.

The third theory serves to modern scientists even when based on what Bergson designs retrograde knowledge. Time is only considered in a futuristic sense, connected with what shall or should occur. Future is the implicit result on what occurs in present.

Each moment is constructed with the contribution of every phenomenon. On the fields of Ethic, ethical phenomenon is that when human being participates or exercises his power of choice.

The common sense absorbs the meaning of destiny as the idea of an unchangeable future. Future seems to be the direct consequence of present. Present is what it is, so future is also an immutable consequence of what is now.

We observe that the concept of destiny is linked with space-time-matter-energy relations occurring under immutable rational rules.

We learn very much with empiric sciences, but modern knowledge based on the Quantum Physic Theories induces us to understand that the essential rule of cosmic entities is that all is moving. Changes of position, placement, constitution and relations are the common characteristics of all phenomena. Universe is mutable, not constant, is the most changeable phenomenon existent. If what we call Universe is true, true is not constant but mutable as the Universe.

It is obvious that, when considered on the same level of reality,  the concepts of destiny and free will are opposed one to other. They are always submitted to the notion of time and its implicit relation past-present-future.

It seems an absurd to say past is.

Past was, that sounds better. But what was or has been constitute what we consider past. 

The verbal difficulty consists to understand past as existent or non-existent reference.

Past should be easily understood as the antecedent of what is present. Future will be the rational consequence of what is.

If life is ordered only under that perspective, logically destiny is immutable.

The suite of that forms of thinking induces to believe that future is the teleological cause of past and past is the deontological cause of future. But, we have learned that perspective is not the notion perceived from only one point of view but from many others.

What we accept like future is the perspective perceived from a chronological point of view, revealed through an intuitive and abstract form of perception which reveals time as an imaginary movement directed from past to future crossing present.

To be coherent with our previous premises we have to approach the fields of knowledge from other points of view. We propose that, during the next moments, we shall process our thoughts totally free of those former restrictions, not feeling fasten with bolts to any theory. But we will have to observe the limits of our procedures and to advance respecting all what is concerned in our memory as a true belief.

The sensation of freedom will induce us to open the horizon of our observations, changing our position from one to many different points of view. 

Eastern Culture, exposed on the Upanishads, compiled between the 9th and 5th century before Christ, impulses the human intellectual efforts directed to harmonize a large multiplicity of points of view referred to knowledge.

Originated on the Upanishads, based on a verbal oral tradition, emerged a first doctrine which recognized the unity between  Brahman and Atman, the doctrine of Unity.

Brahman is the source and the beginning of all what exists, originated and existing on himself as the essence of the world present in every fragment of the whole. Atman means itself, that is the soul of the entity, understood as its authentic essence, and so differs of what only refers to human beings by external and non authentic factors. The most advanced knowledge that the human being has to arrive is that Atman and Brahman constitute the Unity. The Unity is the only original existent being in the world, in which the soul is included, only beginning ruling the Whole and all his fragments in all  space and time, matter and energy. That is the only intimacy where the soul shall learn the  immutable intimacy of the Being. ¨This whole world is Brahman...[3]

From another point of view, the Eastern Culture announces a second doctrine which contains the ideas of kharma and reincarnation.

The doctrine of kharma announces as a true believe that human being have a necessity to reincarnate as a consequence of his actions during previous lifes. The sequence of reincarnations is infinite because they are all linked to the Idea of an eternal soul. 

From that point of view we are able to recognize an eternal law (dharma) which rules the world and is expressed in every phenomenon. Dharma imposes to each entity, during his life, some predetermined duties according to his nature and social context. The doctrine induces to believe that the true way of existence is to abstain in state of conscience from every personal desire and action.The abstinence becomes sterile and without value if not correspondent to the state of conscience  in which knowledge is acquired. The redeemer force of that belief is the supreme and intuitive perception of the essence of Brahman, because who knows Brahman is, in himself, Brahman[4].

Veda means in Sanscrit Wisdom, Knowledge. The Veda religion expresses a variety of beliefs and rites described in the Veda, written between 1800 and 800 years before Christ.

The vedic texts  are distributed in four great sections, each one named Veda:

Rg-Veda,  is the knowledge approached by levels and phases;.

Yajur-Veda, the wisdom presented under liturgical formulations

 Sama-Veda,  the wisdom transmitted by liturgical melodie

Atharva-Veda, the knowledge  taught under the Atharvan model which is a particular class of priests.

Nyâya, results from the its fusion with Vaiseshika. Their basic procedures are supported by logic and deduction, subordinated to the rules and structures of verbal language, through which the Vaiseshika has its foundations on the atomist comprehension of Nature. 

It should say that religions result from distinct points of observation of Nature, from which emerge the correspondent beliefs. But it is not so.

Identifying the remote religions we become able to elect the most important facts and sometimes the soul of its original people.

So, the literary works compiled with the documents collected from the Pyramides reveal the structure of Egyptians religion. The Homeric Poems expose the rites and myths of Classical Greec. Bonism has now only a few centers of studies and cults and is almost unknown. The Vedic religion is supported by a few books. Hinduism and Budhism are based on distinct believes. Shintoïsme is presented by Kojiki and Engishiki texts. Mazdaism and Zoroastrism have the Avesta as their sacred book. History links religion with the mental structure and memory of each people. Judaism, Christianism and Islamism have the same origins, but have been developed using distinct rites and conceptions.  

Since the 5th century b. C., the forms of intellective perception with the help of verbal languages and religions have been developed as essential to communicate knowledge. To built structures and systems over verbal thoughts become an essential need to the nations and mystic procedures. 

The social and political success has become dependent of the assimilation of the winner idiom by the dominated nations. The assimilation of knowledge need structures, systems and forms of thinking ordered such a manner to propitiate the exercise of individual, collective and social memory.  Intellective work becomes an obsession for some people. They recognized the need of categories to develop verbal thoughts.

Painting, sculpture, music, dance emerge from that context expressing something to which the use of verbal language was not enough to communicate.   

The human essential needs are conditions to preserve our nature.  We are fragments of the universe. And like fragments of the universe it is Just to believe that we have some universal characteristics.

 

6. Levels of reality and levels of existence

Transdisciplinary postulates give support to simultaneous distinct levels of reality.

For instance, the specificity of the entity is the recognition of a fragmentary but complex reality. The idea of Universe is originated from global perspective.

Therefore, on a first step, it becomes implicit that there are, at least, two levels of reality. The first one, a reality of fragments, where each entity is considered on its specific and limited individuality. The second, where all existent beings are integrated compounding a whole whose fragments are infinite, not isolated and not recognizable.

Intuition induces to accept that between those two levels of reality it does exist simultaneously an unlimited and inaccessible number of other realities where entities, positions and relations space-time-matter-energy pulsed by internal tensions do exist. They are inaccessible to our forms of perception.

We suppose that the intuitive notions of space, time, matter, energy and internal pulse shall be existing, even when not expressed or revealed, with all possibilities and probabilities of existence.

Only founded on that believe the holistic thought hall countain the idea of simultaneous existence of Being and No Being, of what exists or doesn´t exist, of what is from that of what is not but will be.

Within that level of holistic reality the necessary, the contingent, the possible and the probable do coexist as forms of thinking.

Therefore, is acceptable to believe that the whole is more than the sum of the fragments and that the idea of the whole is contained in all its fragments.

These conceptions are converging with the idea of Pythagoras referring to the Monada; with Demócrito de Abdera mentioning the atomein; with the ideas of Parmenides of Elea the Unity of the Eternal Being; and with the dynamic conception of Heraclit of Ephesos, concerning to the eternal to become. Leibinitz helps with the infinite number interexpressions between cause and effect . Pascal contributes with the notions of the two infinites, micro and macro ones.

We have to pay attention to not confuse the notion of reality with what we suppose existent. Using verbal language we perceive that an idea, a thought or an entity shall exist without being materialized. On the opposite, we have to consider existent what doesn´t exist now but has been in past r will be in future because if not existing the entity should not be located on the relation space-time.

Our beliefs induce to think that the levels of reality shall be considered as fields of thinking where many phenomena occur inaccessible to our forms of thinking.

Religions believe that God thinks. For those who recognize Nature as the Divine Mother, the answer has to be positive.

If someone doesn´t believe in God, but recognizes Nature as undeniable evidence, it becomes implicit that Nature has power to think because we are not able to deny to the whole some quality existing in its fragment. What means that Nature is able to think independent of human verbal ideas. Should we learn the language of Nature?

 

7  Conscience and existence

Etimology suggests that the noun conscience is derived of two ideas:   con (meaning with) and science (meaning learned knowledge). Therefore, conscience means to know with somebody. Conscience becomes a sort of witness of existence with others.

We shall consider different states of conscience. Psychological conscience, moral conscience, scientific conscience, juridical conscience, social conscience etc.

To be conscious of coexistence reveals complexity.

To be conscious of what we are, of what we intend to be or of what we are doing is to have the perception of others existing simultaneously or coexisting with us simultaneously in the future.

To be conscious of something reveals contrasts, similarities and temporary relations. In fact, to be conscious  expresses the perception of some relations space, time, matter, energy and internal forces.

Entelexía and entropy are perceived when we are conscious of ourselves within our context.

Conscious state of mind offers opportunities to have conscious pleasure directed to perfection.

Hedonism, Epicurism and Stoicism are moral doctrines directed to these approaches.

Originated from Latin the word carries two main ideas: ex ( meaning what is out of something) and essere, meaning to be. The world existere (orig. Latin) gives origin to thousand of studies and texts.

Daily, the word existence means what is testified by our senses.  There is a book on the table. There is a person looking to you.

Phenomenology and perspectivism refer to essential dependence deriving existence and perception. For those doctrines the sense of existence seems to emerge from mutability and fragmentation. We are induce to understand existence when proved by appearance, images, similarities. The idea of existence is connected with time, space, matter and energy and internal pulses. Juridical procedures are dependent of senses of existence and  senses of value. They are always referred to existence and individual and social conscience.

 

8  Searching juridical knowledge.

When we start searching some sort of knowledge we act on a temporary state of conscience during which we believe we are and will continue coexisting with community, society and state. That is, we proceed considering a chronological perspective

Justice, as a noun, includes a dynamic meaning when associated to a social movement to adjust differences. The idea of justice requires time as essential condition of existence. Delayed justice ins not what society claims and needs.

Delayed justice is an adjustment determined by time, not by the systems of justice.

Delayed justice has to be deleted from our global perspective during human planetary integration. It is not justice, but only a shadow of what human kind is searching to survive.

Black´s Law Dictionary says: 

Justice corresponds to a proper administration of law.

Commutative justice concerns obligations as between persons and requires proportionate equality in dealings of person to person.

Distributive justice concerns obligations of the community to the individual, and requires fairs disbursement of common advantages and sharing common burdens.

Social justice concerns obligations of individual top community and its end is the common good.

Juridical sociology refers to Retributive and Restorative justice.

Our studies during the last five years are focusing the Restorative Law, Restorative justice. Victimology and Preventive Justice.

We have observed that Justice is one of the most searched virtues of human kind during recent 5.000 thousand years.

The term justice combines with the idea on a process to social adjustment.

Inclusion, exclusion, injunction, restoration, retribution, pardon, repentance, remorsefulness, capture, arrest, conviction, punishment, revenge and many others items correlated with moral phenomena and juridical acts have been the themes of thousands of books.

We have to recognize that our recent culture, since the Sumerian times, is worried with justice.

Half a century of juridical activities propitiate me some notions about the meanings of justice. The word is always combined with the idea of adjustment. Sometimes requires also the notions of objective law.

To adjust expresses the intention to order behavior of individual or collective interests.

In some aspects that practice means to combine fragmented individual or collective behavior with social wishes or state laws.

Juridical knowledge is a collective pragmatic answer to compound fragmentary notions and to rule activities within a state structure.  The complex collection of doctrines and laws obtained from that answer serves also to rule private entities and all relations between what is from state to what is private.  The fragments of juridical knowledge shall be uni or multidisciplinary. But to become effective the transdisciplinary perspective seems to be the most convenient.

Justice, as a process, is a pragmatic answer to a claim. By that way, justice combines fragmentary informs as premise. The result is not a straight logical conclusion but a  sentence emerging from an appearance of facts. Therefore, justice is done when the quaestio juris becomes adjusted by according the sense of existence to the sense of value defined in law.

We have to consider that Law and Justice exist in different levels of reality.

Law emerges from a supposed social wish, resulting from virtual hypothesis.

Justice is referred to concrete facts. Law is the expression of the authority of a juridical organized state.

Justice is the empiric and pragmatic result induced by that empiricism, pragmatism and authoritarianism.

The approach of theory of information to juridical practices shows that the actual systems of justice, by nature, don´t have condition to receive the complete informs about any of their processes. That conclusion comes from a single daily observation. Let us do it once.

Usually we have no problem in distinguishing individuals of our community, because we are helped by recognition. We have their images in our memory. The image we have from somebody results from fragmentary informs we have accumulated referring to him. Fragmentary informs modify each moment. The image of any individual of our community is supposed to be the reflection of a mutable entity, what means that what we suppose to be one image is a sequence of similar images retained in our memory. Similar visual phenomena on Optics is designed persistence of the image on the retina.

Multiple informs about position, placement, size, color, tone, rhythm, mental capacity, physic health, physiologic symptom, hereditary characteristics, intention, wishes, hopes, regrets,  financial, economic and social relations suggest  that  their combinations are dynamic. Their mutability and arrangement  don´t allow the correct description of anybody. Usually, the image is distorted or, at least,  non actual.

The image we can have of any entity is always corresponding to some moment of its past existence.  Empiric sciences are retrograde because they their references are on the past.

It is fact, systems of justice do their work based only on a summary of informs.  They try to decide over something they know is fragmentary and past.

Global era needs systems of justice projected to future.

1. P. Kunzmann. Atlas de la Philosophie. Paris: Librairie Générale Française, 1993, p. 17.