By Phann Vanrath*
16 August 2011
Jeremy Bentham began an introduction to the Principles of Morals and Legislation in his Theory of Justice by defining human nature as something fundamentally driven by pleasure or pain principle. In short, justice is based on happiness. According to Bentham, a good politician or judge would be one who introduced laws based on what would be the advantage of most people. In other words, they act for the greater good of the greatest number of people.
Therefore, are Cambodian politicians acting for the greater good of the greatest number of people? Taking an example of the two cases number 003 and 004[1] at the Extraordinary Chambers in the Court of Cambodia (ECCC)[2], the Prime Minister of the Kingdom of Cambodia expressed publicly that Cambodia do not want to have a civil war or conflict again after the integration of Khmer Rouge, so the two cases which are now in the process of ECCC are enough for the better benefit of Cambodia. As the result, the Cambodian National Co-Prosecutor decided to file the two cases number 003 and 004 without proceeding. This illustrates that the Cambodian politicians apply Bentham’s Theory of Justice or the Principle of Utility.
John Stuart Mill supports the theory of Bentham. Mill naturally favored the “higher” pleasures over the lower ones. Mill considers the principle of utility to be as close to an objective moral trust as we can get. Although he accepts that being covered by feelings of pleasure or pain is rather subjective, he challenges us to show how it is not a principle which governs all human behavior. People do all kinds of things because they believe it will make them happy, even if they do them out of a sense of duty. Our basic instinct is to avoid pain, and in doing so we naturally seek pleasure.[3] Considering the above example, it seems to be subjective that the facts of not bringing the other former Khmer Rouge leaders to justice (ECCC) will seek pleasure to a number of Cambodian people as a whole.
In conclusion, Bentham’s Theory is in general good if the politicians or rulers in a country use it in a right way for the great benefit for a great amount of people and avoid harm, but there are also consequences in applying this theory as we forget the minority’s rights. This is why, Mill also wants the basic rights of people must be protected as well. In this case, the rights of victims from Khmer Rouge regime need to bring all former Khmer Rouge leaders to justice and these rights should be considered carefully and objectively. However, as rulers in a country have to balance the pleasure and pain and seek pleasure for its own people as a whole.
* Phann Vanrath is an LLD student at PUC; he can be reached at phann.vanrath@gmail.com
[1] The International Federation for Human Rights points out that on 29 April 2011, the two Co-Investigating Judges announced that their investigation in Case 003 was concluded. Although not named by the ECCC, the identities of the two former officials suspected in Case 003 have been widely reported as being Khmer Rouge air force commander Sou Met and navy commander Meas Muth. While Case 004, involving three individuals, is currently open, it faces a similar premature end. Senior Cambodian government officials, including the Prime Minister, have publicly and repeatedly opposed pursuing Cases 003 and 004, claiming that prosecution of these cases would lead to civil unrest (available at http://www.fidh.org/ECCC-Call-for-transparency-and).
[2] The Extraordinary Chambers in the Courts of Cambodia, commonly known as the “Khmer Rouge Tribunal”, is a national court established pursuant to an agreement between the Royal Government of Cambodia and the United Nations to try senior members of the Khmer Rouge for serious violations of Cambodian criminal law, international humanitarian law and custom, and violation of international conventions recognized by Cambodia, committed during the period between 17 April 1975 and 6 January 1979. This includes crimes against humanity, war crimes and genocide.
[3] Mill J. S., Utilitarianism (1806-73)
Disclaimer: The view points from the articles posted in this academic forum do not reflect the the opinions or ideas provided by the Nokor Khmer. They are genuinely the opinions of the article author.
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