publications_unodc_commentary-e

When a judge does not inquire into necessary circumstances, inquiresinto unnecessary circumstances, makes unnecessary delay in discharginghis duty, postpones work with spite, causes parties to leave the court bytiring them with delay, evades or causes to evade statements that lead tothe settlement of a case, helps witnesses, giving them clues, or resumescases already settled or disposed of, he shall be punished with thehighest amercement.Buddhist PhilosophyThe Buddha (in circa 500 B.C.) taught the need to recognize rightness in everyaspect of human conduct through the “noble eight-fold path” of Buddhism. Thiscomprises right vision, right thoughts, right speech, right action, right livelihood,right efforts, right mindfulness and right concentration, all of which in combinationprovides a code of conduct covering all human activity. Justice for the Buddhistmeans the observance of all these facets, each of which has been the subject ofmeticulous philosophical analysis down the centuries of Buddhistic thought. Thisconcept of right conduct is integral to Buddhist governments and legal systems. 62The king, who is the real dispenser of the law, is primus inter pares and, therefore,not above the law. The code of conduct applicable to the king includes thefollowing principles: 63(c) He should not have craving and attachment to wealth andproperty;(d) He must be free from fear or favour in the discharge of his duties,be sincere in his intentions, and must not deceive the public;(e) He must possess a genial temperament;(f) He must lead a simple life, and should not indulge in a life ofluxury, and must have self-control;(g) He should bear no grudge against anybody;(h) He must be able to bear hardships, difficulties and insultswithout losing his temper.62 Weeramantry, An Invitation to the Law, p. 23.63 Walpola Rahula, What the Buddha Taught (Bedford, The Gordon Fraser Gallery Ltd.,1959), 1967 edition, p. 85.149