Kotekeh Haruna!



Immanuel Kant wrote in philosophy of law 1887 that:



“Even if a Civil Society resolved to dissolve itself with the consent of all its members – as might be supposed in the case of a people inhabiting an island resolving to separate and scatter themselves throughout the world – the last Murderer lying in the prison ought to be executed before the resolution was carried out. This ought to be done in order that every one may realise the desert of his deeds, and that bloodguiltiness may not remain upon the people; for otherwise they might all be regarded as participators in the murder as public violation of justice”. 

                                                

Philosophy of law page 198.



This is the school of thought I subscribe to brother, some philosophers prefer calling it retributivist, some describe it as the cruel school of thought and I guess from your conclusion this is a mental school of thought. Yet we are not as worst as the ‘lex talionis’ the believers of the theory ‘eye for an eye, tooth for tooth’. 



Retributivists prefer to regard themselves as not cruel or mental as one would suppose, they treat a man with dignity, regarding him as a responsible agent. They give him a chance to expiate his crime by suffering, more or less a debt analogy, if you owe it, you pay it. Alternatively, far from being cruel, retribution is the offender’s right. How else is the breach between him and society to be healed? Or, at least retribution is not needlessly cruel, since society must denounce crimes in an emphatic way, and the only available method is retributive sentencing.



Retributivists are different from the believers of lex talionis because quite frankly they are mental, since the exact equivalent of harm cannot be meted out to most offenders. For example, one cannot defraud a fraudster nor can you rape a rapist. 



Retributivists concept of punishment if translated into the thoughts of Mandinka-kebba is that: one cannot speak to someone in a language they don’t understand; it is complete waste of energy, but if they speak Mandinka and you response in Mandinka then they understand.   



From the retributivist point of view it is not madness to challenge cruel slanderers like Pa Ndery Mbai and the best way to do this, is to treat it like a debt which he owes and needs to pay back. To succeed in achieving this, one’s appraisal has to give consideration to the medium used by the culprits in perpetrating the evil they have committed, in this case an on line newspaper. Is it for vainglorious pursuits? No. Is it worth it? yes! 



Albert Einstein, the great physician himself, once answered the question of who is a criminal, with this analogy. He it is not he who commits the crime in society; but he who has the power and means to stop the criminal or to do something about him and failed to do so or act accordingly to stop the criminality. If this analogy is applied to the scenario in topic here, it is not Pa Nderry who is the culprit perpetrating the crimes but we the able Gambians who seat and fold our hands together and do nothing except to wish for Pa Nderry’s mercy. I refuse to be that criminal. 



On the other hand Brother I perused your advice and reasoned well, but could not come to total agreement with it. Though I agree with you to some extent but I was of the opinion that yours sounded more like a utilitarian view on punishment than a retributivist. For the former I have washed my hands with it since my days of studying theories of punishment and sentencing. But saying that I do not harbour abhorrence for the concept of utilitarianism, in fact I tend to believe that utilitarianism is a concept developed or based on love and kindness for ones kin's. This is very good and I do think, brother Haruna, your advice here was manifesting your love for a brother. 



I hope you would not wonder what in the heck is all this philosophy about, well the premises of my intention in creating an online paper to challenge Pa Nderry and Freedom Newspaper, is based on my retributivist believe that the punishment best fitting the crime of Pa Ndery is what has been clichéd as making one taste the fruit of his own medicine or deeds, which ever way it is phrased. Bro mine is not vainglorious pursuits but based on a true philosophical principle. 



I hope I have done you no offence.



Brethren Yanks









> Date: Thu, 8 Nov 2007 21:31:36 -0500

> From: [log in to unmask]

> Subject: Re: Pa Ndery's Cruelty!

> To: [log in to unmask]

>

>

> Yanks,

>

> I understand your frustrations. However, I advise you abandon such

> vainglorious pursuits. Why would you want to expend time and energy or a single

> farthing in an endeavour to counter Pa Nderry's Free-online newspaper? You probably

> need your head examined more than Pa Nderry does.

>

> Haroun Rashid. MQDT Darbo. Train on more valuable endeavour. Besides your

> studies will require any excess time, energy, and resource you may come upon.Al

> Mutawakkil.

>

> In a message dated 11/8/2007 6:49:31 P.M. Mountain Standard Time,

> [log in to unmask] writes:

>

> "A CYNICAL, MERCENARY, DEMAGOGIC CORRUPT PRESS WILL PRODUCE IN TIME PEOPLE

> AS BASE AS ITSELF"

> Joseph Pulitzer 1847 - 1911: inscribed on the gateway to the Columbia school

> of journalism

>

> Once i wrote an article about the self alluded excessive power that Pa

> Nderry Mbai seems to think he has

> by owning what he supposedly thinks is the world's most widely read

> newspaper, Free-doomed Newspaper. Little did he knows that in somewhere Britania

> people don't even know its existence.

>

> This journalistic monster is on a course of wanton destruction that will

> leave decent Gambian tainted by his cruelty. Pa Nderry and his

> "Foka-Jai-Newspaper" are bent on criminality of slander and defamation

> against innocent victims.

>

> In his naivity he tried to disguise himself as the gladiator of the Gambian

> struggle against dictator Jammeh!

> For the sake defeating the greater evil, we let his evil lethal paper grow

> in strength with the hope that it can help us defeat our worst nemesis, Yahya

> Jammeh. But what have we done, the freedom newspaper that was suppose to

> fight for our freedom is now our freedom destroyer. This Kafirr Pa Nderry needed

> to be stopped! In simple we need another online newspaper that's sole

> purpose will be to bring freedom down! Pa Nderry just like Jammeh is on a collision

> path with us, we are decent people abused by Jammeh, so we should not let

> that son of a Niamina Sambang "Batotala" abuse the characters of the remaining

> decent people in our communities.

>

> Heraclitus 540-480 BC stated on the Universe that "A man's character is his

> fate". When will this cruel

> monster Nderry Mbai understand that tarnishing people's characters is not

> just illegal is evil.

> The latest callousness of Pa Nderry's abuses against Sheriff Bojang is wrong

> and uncalled for. I have read Sheriff interview on All Gambia i do not think

> it warrant a response of that magnitude. But Pa Nderry is an

> unchallengeable, all knowing beast, who has dossiers on every Gambian's dodgy businesses.

> You state one thing about him, he comes with millions even if they are all lies!

>

> The western world is among the world's ardent supporters of press freedom;

> but even they know the dangers of an unguarded press. The English common law

> had to bring in safe guards of libel and defamation to protect innocent people

> from the wrath of unscrupulous and care free join the listers like Pa Nderry

> Mbai.

>

> Pa Nderry's cruelty; My campaign continues. I need an on line newspaper

> called "Anti Pa Nderry Freedom" i'm working on it hopefully it will come out

> soon!

>

> Brethren Yanks

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