
“Law is not law if it violates the principles of eternal justice.” – Lydia Maria Child
A just society requires more than order — it must be founded upon the principles of Ji, which demand not only harmony and equality, but also a deep moral commitment to virtue and compassion, honoring the Four Principles. The law must exist not to dominate, but to protect individuals, communities, and maintain balance.
Equal Protection and Access to Justice
In an ideal society governed by Jiayan principles, all individuals would have access to legal counsel, fair representation, and the right to a timely trial, regardless of wealth, status, or background. Justice must never be the privilege of the powerful, but rather accessible to all. Therefore, the law must uphold the equality of all people, regardless of characteristics such as sex, gender, race, orientation, or class. A justice system that disproportionately impacts any particular group is unskillful and must be dismantled. For example, the levying of fines, which by its nature harms those of lesser means, should be retired unless it scales proportionally to the income of the individual in question.
Free Expression and Its Boundaries
Freedom of thought, expression, religion, faith, peaceful assembly, and dissent must be protected in a democracy, which Jiaya affirms as the only just form of government. Speaking out against one’s government, a critical safeguard against corruption, is likewise a vital right. However, speech that incites hatred or violence against individuals or groups is a violation of right speech — promoting discord within communities must not be viewed as a component of “free speech” in a Jiayan society. False accusations and perjury are not merely legal infractions — they are violations of trust and betrayals of community. Such actions must be met with clear consequences, as they undermine justice and encourage disorder and deceit.
Prohibiting Harm and Ensuring Justice
Acts of harm, e.g. murder, rape, assault, and theft, must be clearly and unequivocally outlawed, as they disrupt the fabric of community and generate suffering. Actions taken against society’s most vulnerable members — including but not limited to children, the elderly, infirm, and disabled individuals, as well as targeted hate crimes — should be punished more severely.
Recognizing that the potential for suffering exists in all beings, cruelty towards non-human animals must be treated with similar moral weight. They are our equals in the great web of existence. In recognition of the interconnectedness of all things, environmental laws must be upheld to ensure the flourishing of the planet and all life upon it. To allow harm to one is to allow harm to all and to allow harm to the planet is to harm every being who relies on it for life.
Additionally, acts of economic harm must be treated with the same moral weight as individual acts of harm. Such acts include but are not limited to wage theft, coercive labor, environmental destruction for profit, and predatory financial systems. With the assistance of ethical oversight committees, companies that engage in such behavior would be prosecuted, if not dissolved.
Law and Personal Liberty
Matters of personal conduct generally fall outside the realm of the law. The law is not to be wielded like a sword for personal virtue, enforce religious conformity, or shame others into moral perfection, nor should it intrude into matters of private behavior that do not pose harm. In accordance with Jiayan teaching, individuals must be free to explore their identity in their own way.
However, personal liberty is not boundless. The law becomes necessary when personal choices begin to generate tangible or foreseeable suffering to others, to communities, or to the biosphere on which all life depends. Behaviors requiring regulation include operation of a motor vehicle, substance use and distribution, negligence in caregiving, environmental degradation (even on personal property), and harmful financial or digital behavior such as fraud and scamming.
Punishment and Rehabilitation
Punishment must never be cruel or degrading. Inflicting suffering on another, even if they have inflicted it themselves, is not a path to the cessation of suffering. Inflicting extreme physical or psychological pain, including solitary confinement, capital punishment, and of course, all forms of torture, is a violation of compassion and justice. Those who have caused harm must be encouraged to reflect, take responsibility, and seek reconciliation. Through realization of the impact of their actions and recognition of the interconnectedness of all things, they grow on their path of personal epektasis.
The aim of imprisonment should not be vengeance, but restoration. Rehabilitation, combined with restorative justice, must be the guiding principle within a Jiayan legal framework. The focus should be on healing both the individual and the communities impacted. Even so, for grave offenses such as murder and rape, extended incarceration may be necessary — not as retribution, but as a measure to protect others and preserve harmony and social cohesion. Those who have committed crimes against humanity choose to sever their links to wider society through their actions; they must be physically separated from it, even from other “criminals.”
Right View in Legal Practice
Those who work within the legal system must strive to embody right view — contemplating and understanding the interdependence of all things. Only by realizing the deep unity of existence, taking into account the wider picture rather than restricting one’s judgments to inflexible law codes, can one deliver verdicts and provide counsel with true wisdom and fairness. Legal practitioners must hold themselves to the highest standards of ethical conduct, akin to a monastic. Done correctly, those who practice law can come to embody right livelihood on a profound level.

Leave a comment