Wednesday, December 28, 2016

Subjectivity is the root of the evil of Discrimination

Subjectivity is the root of troubles. Subjective standards provide the inroads to ARBITRARINESS and DISCRETION to play havoc on RATIONALISM.
Subjectivity leads to loss of Reasonability. People are unable to make out the why's and how's behind the action. The Rule is lost.

Do we realize how all the Discrimination, the Color apartheid, the religion discrimination,  Caste discrimination, the Nepotism, the Favoritism walked into administration and governance ?
The answer is Subjectivity. Coupled with Power of Discretion.
It gives freedom to act whimsical and arbitrary , protected under the  guise of law.

Yet the Human Resource Managers of modern times are not equipped to eliminate or even reduce the Subjectivity in evaluation of Ability. Mechanism as Interviews, use of immeasurable parameters for performance evaluation keep bringing the unexplained, irrational results. We want to end the Reservation Policy; we want the Able and Worthy people , yet we have no agreeable, impartial mechanism to judge the Worthiness.

English jurist A.V Dicey propounded his theory of RULE OF LAW back in 20th Century keeping in mind the damages to the Reason caused by excessive Arbitrariness and Discretion.
Back in those times, the Feudal lords applied the Discretion everywhere to award justice. The JURISPRUDENCE of the Feudal Lords was full of self-centeredness. The Right was whatever suited, comforted or profited the Feudal and the Wrong was whatever was not Right. The revolt of the masses was essentially a revolt against the Jurisprudence of those times. Subsequently, as the era of REPUBLICANISM dawned upon humanity, the corrective actions in the Jurisprudence which ensued bore certain salient features. They were,
1) The law must be pre-notified and in the public space. That is, retro-effecting of laws was forbidden.
2) The law must be written. Oral laws had the problem of changing interpretation and words several times only to suit the federal lords.
3) The law must be held supreme. In those times , the feudals themselves were treated under different laws.
4) Conflicting sets of law must be avoided. The hypocrisy found ways to sustain itself due to excessive conflicting laws. Indeed , it was purely the discretion of the feudal lord to decide which one law would apply from a given pair of conflicting laws.  Thus, the feudals were always in a position to act whimsical and arbitrary despite all the sets of law.