If a tree falls...

Jasmi said in response to my earlier post:
"you are kidding me. thats totally avoiding the question of fairness, of justice altogether. i hate to say this.. but it is an utterly shameful suggestion."

but what is fair? what is just? are these just not mere philosophical constructs?

then let me give you another philosophical construct (or question rather): if a tree falls in a forest and there's no one there to witness it fall, did it fall?

similarly, even if there exists the death penalty, but no one commits a crime that permits the death penalty, then does the death penalty exist?

there is no shame, no fairness, no justice, no right, no wrong, no good, no evil. there just is.

philosophical statements aside. why is it a shameful to suggest that we create a society/world where no one trafficks drugs or murders other people? i'd say it's a pretty noble aim for anyone foolish enough to attempt.

imagine a world where everyone values the life of everyone else such that no one wishes to kill another person, imagine a reality so wonderful that no one needs to take drugs to escape from. imagine also that this is a world where there is also no want, no suffering?

in such a world, it wouldn't matter even if, on paper, there is the death penalty because it will not be invoked and so for all intents and purposes, the death penalty would not exist. in fact, in such a world, the entire penal code could demand death penalty for the smallest infringement on paper, but might as well, for all intents and purposes, exist. because no one would break the law, because everyone would be able to do the right thing.

aren't we all trying to create such a world? a better world?

but until we suceed, it does matter what the penal code is. it does matter that the death penalty exists on paper because it is invoked and hence the death penalty does take on more aspects of existence.

so until that day when we suceed in creating such an ideal world, it is a delicate balance having sufficient carrots and sticks to ensure that people do abide by the Law. for that matter, it is important to come up with appropriate laws.

i don't think that Singapore has found that balance. in fact, i don't think any country has found that balance. and so we tweak it here and there, groping in the dark, almost.