publications_unodc_commentary-e

When a dispute arises, the king (or other judge) is expected to “pay equal attentionto both parties”, to “hear arguments of each side and decide according to what isright”. Throughout the investigation, the judge is expected scrupulously to avoidthe “four avenues to injustice”. These are prejudice, hatred, fear and ignorance. 64The importance of the rule of natural justice is evident in the following conversationbetween the Buddha and his disciple, the Venerable Upali: 65Q: Does an Order, Lord, that is complete carry out an act thatshould be carried out in the presence of an accused monk if heis absent? Lord, is that a legally valid act?A: Whatever Order, Upali, that is complete carries out an act thatshould be carried out in the presence of an accused monk. If heis absent, it thus comes to be not a legally valid act, not adisciplinarily valid act, and thus the Order comes to be one thatgoes too far.Q: Does an Order, Lord, that is complete carry out an act thatshould be carried out by the interrogation of an accused monk ifthere is no interrogation?A: Whatever Order, Upali, that is complete carries out an actwhich should be carried out on the interrogation of an accusedmonk. If there is no interrogation, it thus comes to be not alegally valid act, not a disciplinarily valid act, and thus theOrder comes to be one that goes too far.The same principles are applied to lay persons:One who is not thereby righteous because one arbitrates hastily. He whois wise investigates both right and wrong. The wise man who guidesothers with due deliberation, with righteous and just judgment, is calleda true guardian of the law’ 66Applying the principles of Buddhist philosophy, the prince regent of Japan, ShotokuTaishi (A.D. 604) formulated Seventeen Maxims. These include the followingdirections:64 Sri Lanka Foundation, Human Rights and Religions in Sri Lanka (Colombo, 1988), p. 67.65 I.B. Horner (trans.), The Book of the Discipline (Vinaya-Pitaka), Vol. IV: Mahavagga orthe Great Division IX, (London, Luzac & Co Ltd, 1962), pp. 466-468, cited in Jayawickrama,The Judicial Application of Human Rights Law, p. 7-8.66 Dhammapada, verses 256, 257.150