The role of emotions in conflict resolution through law human rights perspective

The role of emotions to promote as well as violate human rights (HR), the

impact of emotions on crimes in general and hate crimes in particular, emotions in

constitutional jurisprudence are some of the areas where emotions play an important

role. Conflict societies in general and Indian society in particular should understand

the nature, scope of psychology and its relevance in the study of law. HR of various

kinds are developed as metaphysical thinking and take the morals and ethics

emotionally influenced in their study. The gross violation of HR can be understood

in the light of different degrees of emotions and the measurement of compensation

to the victims in the administration of justice according to law. Thus emotions

cannot be excluded from the study of law and administration of civil and criminal

justice in general, and constitutional justice in particular. Conflict of interests

influenced by emotions can be balanced only when the impact of emotions on

conflicts are properly understood. Law as depsychologized command with emotion,

which may lead to a suggestion or request or order or an advice, can only serve to

achieve the desired goals.

Man's love for justice makes democracy possible, but man's inclination to

injustice makes democracy necessary. The basis of the democracy is rule of law

and will of the people. In view of the value of democracy, framers of the Indian

Constitution envisaged the democratic form of government in India. Any change in

the moral languages (rights and wrongs) will depend on social change. Social

change refers to variations in the social relationships or culture in a society. This is

natural phenomenon for societies being reflected in human factors such as

population explosion, urbanization, industry bureaucratization and modernization.

However, social change may be so incremental that the members of the society

either remain unaware of it or find it difficult to resist. They need social continuity

in order to bring about social change. The contemporary sociologists consider

institutions such as law, family and religion as engines that could provide continuity

but in fact these institutions themselves need continuities for change. Only the

cognitive morality with society can provide continuity for these institutions. There

should be continuity in the wisdom from conventional as well as contemporary

wisdom. Thus law gains its authority from social forces, and in order to have social

communities, law like family and religion is an important engine.