Crimes and Social Fabric
Criminal Offences are those which endanger or pose a threat to the social,
societal fabric.
A Society, may it be of any kind, even a single family or be it a group of
hunters and gatherers, it is at some level supported and sustained on basis of
some laws, rules, traditions, ways, methods, etcetera. When someone breaches
such laws …, it not only questions the rights of a victim but also the
acceptability of such a breach by the society.
The difference between Civil and Criminal offences ignoring their nomenclature
meanings, is the acceptability of the society. For instance offences which are
ABSOLUTELY restricted that is JUST THE ALLEGED OCCURRING of such an offence
disregarding who did it or whether or not in future it is proved that actually
the said particular offence was committed, hampers the sense of security of
persons at large in the society or attempts to challenge the standards of a
society. Take an example of Offence of Rape, whether the person accused did it
or not and whether or not it was actually committed, JUST THE ALLEGED OCCURANCE
of the offence hampers the sense of security of persons of the society and also
attempts to challenge the standards of OUR SOCIETY.
Here 'OUR SOCIETY' is of importance. Which offence hampers the Society depends
on the Society itself. For one society it may be a grave offence but for another
it may be very common practice or a not so serious offence. Lets take an example
of Cannibalism in Humans, it is absolutely prohibited in today's world (society
collectively) but even if it may or may not exist can be something acceptable in
terms in some society which may be a society of past or some which may be
existing and of which we don't know of.
(How the societal standards work through our minds is brilliant. Just take the
example of my sentence 'even if it MAY OR MAY NOT exist can be something
acceptable in TERMS in some society which may be a society of PAST …' . Just
because such an offence is absolutely prohibited in my society I inadvertently
submit and sugar coat such sentences which relate to some idea which is
perceived to hamper or challenge the standards of my society.)
Thus, the prime point to decide the acceptability of breaches, simply is the
GRAVITY of such an offence in CONTEXT of the STANDARDS of a society in which
such offence is allegedly committed.
Then what are the other offences whose JUST THE OCCURENCE doesn't hamper the
societal standards, that is those who are not so SERIOUS i.e. not so GRAVE to
challenge the societal standards or the sense of security of persons? Even
though this contradicts the basic understanding that offences are a breach of
the laws which the society upholds, one cannot say that only extreme offences
breach the fabric and others even though not accepted do not breach the fabric.
For this we must setup a 2 level offence border or rather differentiate on how a
offence is remedied. The extreme level offence is something that the society by
itself cannot give a perfect remedy for. That is something which has been done
is of such nature that it cannot be so reversed in its own way or some other
which is seen as or is rather a perfect reversal or for that matter remedy for
an offence. And the other offence is of such nature that its perfect remedy is
in the reach of the society.
If one asks you what is the perfect remedy for Murder? We will inadvertently say
that it is Penalty of Death or Life Imprisonment. But are we really correct in
such a sense? Because Death of another for the Death caused by such another is
not the PERFECT REMEDY for Murder. The perfect remedy of such a Murder is
reversing it totally.
You may now contest that an attempt to murder which didn't amount to murder may
be remedied perfectly. But I now bring again the point of 'JUST THE ALLEGED
OCCURENCE' of such offence is sufficient to hamper the fabric. Thus any act in
furtherance of an act of whose perfect remedy is out of the reach of society is
also an extreme level offence. The other level is where the perfect remedy is in
scope and is quantifiable in the sense of societal thinking.
I may be wrong here in explaining these things in my own way, maybe under
confirmation bias. Please do correct me and help me to strengthen the
explanation through the comment/discussion section below.
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