The fascination with “spirituality” is a distinctive feature of our contemporary age[i]. “Spirituality” refers to an aspirational perspective on life’s purpose and behavior. In a larger sense, this refers to lifestyles and behaviors that represent a vision of human existence and how the human self will reach full consciousness. “Spirituality” has been considered as a potential linking aspect of human and social growth in recent years.

However, the way “spirituality” is being interpreted, more or less; it is dominated by mystical thoughts. It has been interpreted as synonymous with monasticism[ii]. Spirituality, in this sense, is considered an ontological and transcendent order, whose language is highly symbolic, and often, metaphorical. Although, Spirituality is an essential aspect of mysticism, in my opinion, mysticism is not the essence of spirituality[iii].

In this article, unlike mysticism, we understand spirituality as the consciousness of human self. In other words, Spiritual conscious manifests self-consciousness[iv]. Therefore, Spirituality is not a separate entity from the human being but the inner state of the human self. Humans are vision-creating beings rather than merely tool-making animals[v]. Thus, the essence of spirituality lies in the realization of self-consciousness.

In this article, an attempt has been made to explain the basis of spirituality. It conceptualizes spirituality as the conscious relationship with the human self and highlights the basis of human understanding. First, the article shall explain the nature of human self and the realization of self-consciousness. It is also claimed that self-consciousness is the foundation of social or collective consciousness. Finally, crime is defined in this article as a deviation from such collective Consciousness, the source of which is the spiritual consciousness of the human self.

Understanding the Nature of Human-Self and acknowledging Self-consciousness

Eminent Psychologists and writers on human nature agree that man possesses an urge for ideals, which is not born under the influence of instincts[vi]. Instincts are fixed and unalterable tendencies to respond to particular internal or external stimuli in such a way as to assure the continuation of life in the individual animal as well as in its offspring. In Man, instincts serve the same purpose of preserving life and race[vii].

The nature of life, at a lower level than in animals, is not the same in its higher form as in humans. Human actions do not arise merely from the pressure of instinctive impulses. In man, life has broken the resistance of instincts with the result that man can oppose his instinctive desires[viii]. Man’s opposition to his instinctive desire, on the other hand, is the outcome of his free will. He opposes his instinctive impulses in such a way that no particular Instinct is found to be in the process of satisfaction during the opposition. So often a man would deliberately starve himself and even give up his life rather than abandon a particular course of action chosen by him. In the case of man, we find free consciousness, and free choice, opposing the impulse of the instinct. Thus, Man is a self-conscious animal that creates a great difference between him and the lower animals[ix].

Some Scholars have held that the only distinctive capacity of men which gives priority over the animal is reason[x]. But reason is not an urge; It is neither a desire nor an impetus to act. It serves our urges and desires and may guide them, but it cannot hold them in check, since it is not an urge or a desired itself. The special privilege of man by virtue of which, he is able to oppose his instinctive desire whenever he considers it desirable is the urge of Self-consciousness[xi]. Thus, human life involves more than biology. He is not mere body and intellect.

Spirituality, in essence, lies in the realization of the existence of this self-conscious being in man. This spiritual consciousness has both the ability to distinguish actions as ‘Right’ and ‘Wrong’, as well as the ability to see ‘Right’ as right and ‘Wrong’ as wrong[xii]. No doubt, at times, a person may attempt to justify a wrong he commits. However, even while crafting excuses for this justification, he is fully aware that these excuses contradict his innate nature. This awareness arises from the moral fabric embedded within the human self, which recognizes right from wrong. The clarity of this understanding becomes evident when the situation is reversed. If someone else commits the same equivalent wrong against him, he instantly and unequivocally perceives it as wrong. Without hesitation, he protests vehemently against the wrong doer. This reaction demonstrates that the self inherently acknowledges moral truths, even when attempting to suppress them for personal justification. It highlights the undeniable connection between self-consciousness and the intrinsic understanding of morality.

As innately ordained in human-self, this appreciation of right and wrong is a universal reality[xiii]. However, the interpretation of this innate ability can differ due to varying circumstances, periods, and individual perceptions. Such differences in perception arise from the diverse levels of development of self-consciousness among people. As spirituality advances, these variations in perception gradually fade away, and the understanding of right and wrong becomes evident and universally accepted.

Spirituality, therefore, is deeply intertwined with morality. Morality, as a system or code of principles, is essentially the manifestation of spiritual consciousness within the human self. It serves as a framework through which intentions, behaviors, and actions are evaluated as correct or incorrect. This intrinsic connection underscores that as spiritual awareness deepens, the moral compass becomes more refined, guiding individuals toward ethical living and fostering harmony in both personal and societal realms.

This requires a man to be just and embrace goodness in all his actions and avoid evil[xiv]. The more active he is in this process, the more spiritual he becomes. It is this attitude that fosters the values ​​of sympathy, compassion, sacrifice, gratitude, and generosity in society. Therefore, with spiritual evolution, Man loves the Good and respects the Just.

Social Aspect of Self-consciousness

Aristotle stated that man is a social animal, and the self-derives its very awareness of existence from society. Society serves as an indispensable instrument in nurturing and shaping self-consciousness. Through interactions, shared values, and collective norms, individuals gain a deeper understanding of themselves and their place in the world. Without the presence of society, a human being would regress to the level of a brute, devoid of moral and intellectual growth. The relationship between self-consciousness and social consciousness is symbiotic. Self-consciousness is enhanced through social interactions, while social consciousness arises from the collective self-awareness of individuals. Together, they create a harmonious framework, Charles H. Cooley commented.

“Social consciousness, or awareness of society, is inextricably linked to self-consciousness, because we can’t think of ourselves without reference to some kind of social group, and we can’t think of the group without reference to ourselves. The two things go hand in hand, and what we are aware of is a more or less complex personal or social whole, of which the particular, now general, aspect is emphasized. …………. In general, the majority of our reflective consciousness—of our wide-awake state of mind—is social consciousness, because a sense of our relation to other people, or other people to one another, can hardly be excluded. Self and society are twins, and we recognize one as quickly as we recognize the other.”[xv]

Social Consciousness and Crime

The spiritual consciousness of the human self, at the societal level, takes the form of collective consciousness. Self-consciousness requires a man to embrace the good and avoid the evil, to achieve spiritual purification. The same applies to individuals at the collective level. All members of society are required to embrace the collective good and not deviate from it. Deviations from this collective consciousness are criminalized. Crime is a deviation from the social consciousness that society aims to prevent, to establish a just and peaceful social order.  As there is a close connection between crime and the social values expressed in the ‘collective conscience’. Whosoever deviates from it is found guilty. Durkheim pointed out that an act is criminal when it offends social values. He contended that an act is criminal because it shocks the common conscience[xvi]. Similarly, John Stuart Mill argued that criminal conduct must infringe on some important social values[xvii]. In other words, when man realizes the values of human-self turned into collective consciousness, then merely labeling an act as wrong will be sufficient reason to prevent one person from appropriating another’s right.

To prevent such deviation, criminal penalties are imposed. Punishment and criminal justice are concepts that serve these purposes. Each jurisdiction, as a result, has its own Criminal Justice System (CJS)[xviii]. The criminal justice system is inherently more complex than other public institutions, comprising several interconnected pillars that collectively uphold the ideals of legal justice. These pillars include academia, forensic services, law enforcement, and the judiciary, each playing a critical role in ensuring justice and societal order. Together, they contribute to the implementation of collective consciousness, fostering a unified societal commitment to morality and legality. The primary goal of this system is the eradication of crime from society, achieved through mechanisms of deterrence, rehabilitation, and retribution. By addressing criminal behavior and its underlying causes, the system not only protects societal integrity but also creates an environment conducive to the spiritual evolution of the human self. In a society free from crime and immorality, individuals find greater opportunities for introspection, moral growth, and self-purification, thereby aligning with the higher ideals of justice and spiritual awakening.

Intertwining Spirituality and Justice: An Approach to Morality and Societal Harmony

Spirituality, in its essence, is the consciousness of the psychological being within a person, often referred to as the ‘human self.’ This profound state of inner awareness is described as self-consciousness, which manifests itself through human actions and interactions. It is within this domain of self-consciousness that morality, guilt, and redemption find their roots. It has explored the intricate relationship between spirituality and criminal consciousness, shedding light on how these two dimensions converge in shaping human behaviour and societal norms.

The consciousness of guilt is a profound realization emanating from the spiritual being within. When individuals commit acts that contravene moral or societal norms, their inner self, rooted in spirituality, often reacts with a sense of guilt or remorse. This emotional response is not merely a product of external societal conditioning but a reflection of the human self’s intrinsic alignment with principles of morality and justice. Spirituality, therefore, becomes a guiding force, seeking the moral purification of the individual by encouraging introspection, repentance, and a return to ethical living.

On the other hand, the Criminal Justice System operates on a broader societal level. Its primary aim is to cleanse society of crime and immorality, thereby fostering a just and peaceful community. While the justice system functions through laws, regulations, and punitive measures, its ultimate objective aligns with the goals of spirituality—to uphold moral order and ensure harmony within society. In this way, spirituality and the Criminal Justice System complement each other, addressing the same fundamental concerns from different perspectives.

Spirituality focuses on the internal transformation of the individual. It emphasizes self-awareness, ethical behaviour, and the cultivation of virtues such as compassion, honesty, and accountability. By fostering a deep connection with one’s inner self, spirituality instils a sense of purpose and responsibility that can deter individuals from engaging in criminal behaviour. This preventive aspect of spirituality is particularly significant in addressing the root causes of crime, which often stem from moral lapses or a disconnection from one’s ethical compass.

The Criminal Justice System, however, deals with the external consequences of actions. It seeks to address crimes already committed by delivering justice, rehabilitating offenders, and deterring future transgressions. While its approach is more procedural and structured, it shares the ultimate goal of purifying society and promoting moral values. The effectiveness of the justice system is enhanced when it incorporates rehabilitative measures that resonate with the spiritual dimension, such as counseling, restorative justice programs, and opportunities for self-reflection.

Spirituality and the Criminal Justice System serve as two pillars supporting the moral and ethical structure of society. Spirituality seeks the purification of the human self, guiding individuals toward righteousness and away from criminal tendencies. Meanwhile, the Criminal Justice System aims to purify society by addressing and correcting immoral actions. Together, they form a holistic approach to fostering a just, peaceful, and morally upright community. By recognizing and integrating these complementary roles, society can achieve a deeper and more sustainable resolution to issues of crime and morality.

Conclusion

Spirituality and the Criminal Justice System are deeply interconnected and together form the moral and ethical backbone of society. Spirituality emphasizes the internal transformation of individuals, encouraging self-awareness, ethical conduct, and a strong moral compass. It fosters personal growth and guides individuals toward righteous living, preventing criminal behavior by nurturing virtues like compassion and accountability. On the other hand, the Criminal Justice System addresses external actions, focusing on law enforcement, justice, rehabilitation, and deterrence. Its primary role is to correct moral failings, ensuring societal order and holding individuals accountable for their wrongdoings. While the justice system works on the surface to address crimes, spirituality works on a deeper level to shape character and prevent moral lapses. By combining these forces, society can develop a more comprehensive and sustainable approach to crime and morality, ultimately creating a just, peaceful, and ethically aware community.

[i] See, for instance, The Palgrave Handbook of Spirituality and Business (London: Palgrave Macmillan; 2011); Lisa J. Miller (ed.), The Oxford Handbook of Psychology and Spirituality (Oxford: Oxford University Press, 2012); LukBouckaert and Laszlo Zsolnai (ed.), and Michael J. Balboni and Tracy A. Balboni, Hostility to Hospitality, Spirituality and Professional Socialization within Medicine (Oxford, New York: Oxford University Press, 2018).

[ii]Mysticism and spirituality are similar but not identical terms, see, for instance, Richard H. Jones, Mysticism Examined: Philosophical Inquiries into Mysticism (State University of New York Press; New York 1993).

[iii]Spirituality is the more inclusive term, scholars also try to interpret it in secular sense, independent of religion and mysticism, see, Robert F. Blomquist, Harry J. Gensler, Ethics and Religion (Cambridge, New York: Cambridge University Press, 2016), p.112–132 (on natural law and spirituality); and “Law and Spirituality: Some First Thoughts of an Emerging Relation,” in UMKC Law Review 71 (2003): 583–622.

[iv] L. Kavar, The integrated self: A holistic approach to spirituality and mental health practice. (O Books, London 2012.)

[v] Evelyn Underhill, Mysticism: A Study in the Nature and Development of Spiritual Consciousness (Mineola, NY: Dover Publications, 2002).

[vi]As human beings, Man is naturally driven by goals beyond physical satisfaction or mental supremacy to seek a deeper level of meaning and fulfillment. See, Alfred Adler, Understanding Human Nature (Taylor & Francis 2013); McShea, Robert J. “Human Nature Theory and Political Philosophy.” vol. 22, no. 3, American Journal of Political Science p.656–679 (1978); Zilbersheid, U. The Historical Character of Human Nature in Freud’s Theories volume 73, The American Journal of Psychoanalysis p.184–204 (2013).

[vii] Judah Marmor, The Role of Instinct in Human Behavior, vol. 5 issue 4, Psychiatry, A journal of the Washington School of Psychiatry p.509-516 (2016).

[viii]The animal too can oppose his instincts, but its opposition is not the result of voluntary choice. It is always a case of one instinct opposing another, the stronger instinctive impulse defeating the weaker. See, R.J. Richards, Instinct and intelligence in British natural theology: Some contributions to Darwin’s theory of the evolution of behavior. 14 Journal of History of Biology p.193–230 (1981)

[ix]The urge of consciousness is not entirely absent in animal. It is rather present in him latently and subconsciously in its full strength but, on account of the underdeveloped condition of his brain or whatever instrument of consciousness he has is highly suppressed. It has a negligible expression so that the behavior of the animal is dominated entirely by his fixed tendencies, the instincts. See, Michael Gross, Elements of consciousness in animals, Volume 23 Issue 22, Current Biology p. 981-983 (2013); E. M Macphail, The evolution of consciousness, Oxford University Press (1998). 

[x]Britannica, The Editors of Encyclopaedia. “Reason”, Encyclopedia Britannica, 15 May. 2020, https://www.britannica.com/topic/reason. Accessed 10 August 2021.

[xi]Rochat, P., The Ontogeny of Human Self-Consciousness, Current Directions in Psychological Science, 27(5), p. 345–350 (2018).

[xii]Giacalone, Robert &Jurkiewicz, Carole. Right from Wrong: The Influence of Spirituality on Perceptions of Unethical Business Activitie, 46 Journal of Business Ethics (2003);  R. A. Emmons, ‘Is Spirituality an Intelligence? Motivation, Cognition, and the Psychology of Ultimate Concern, 10 The International Journal for the Psychology of Religion, p.3–26 (2000).

[xiii]Rachel Zuckert, Boring Beauty and Universal Morality: Kant on the Ideal of Beauty, Inquiry, p.107-130 (2005).

[xiv]‘Justice’ requires the discharge of obligation imposed on a person against a fellow human being, the way it exactly is. ‘Goodness’ is the fulfillment of rights in a manner that a person is generous and considerate in this regard.

[xv] Cooley, Charles H. “Social Consciousness.” vol. 12, no. 5, American Journal of Sociology, pp. 675–694 (1907).

[xvi] É Durkheim, The Division of Labour in Society, transl George Simpson (London: Collier-Macmillan, 1964)

[xvii]J. Robert, Criminal justice (Oxford University Press 2015)

[xviii] R. Huff and M. Killias, wrongful convictions and Miscarriages of justice (Routledge, New York 2013)