In other words, lese majeste is regarded as not just harmful to the person insulted but to Thai society, ethics and culture. This is in line with the criminological principle that certain acts may be criminalised if there is a societal consensus that they are harmful to society and constitute a limitation on freedom of expression. It is not dissimilar to the limitation on freedom of expression as regards criticism of God and the Prophet in Muslim countries, which is not understood by some Westerners, who ridiculed the Prophet revered by all Muslims, thereby creating a controversy that almost led to worldwide violence.
All this demonstrates that in Thai society, the lese majeste offence has its basis not only in the principles of international law or constitutional law but also in Thai ethics, culture and Buddhist principles which are unique to Thai society. In a similar vein, some Western countries may protect their parliaments through contempt-of-parliament laws (which Thailand does not have), or protect their courts through contempt-of-court laws, while Muslim countries protect their God and faith. Individual freedom of expression thus ends when it comes up against what each society wishes to protect.
This is in fact the beauty of diversity. No true democrat should want every society to use a single set of standards and place individual freedom of expression above the needs and consensus of the majority of that particular society. Someone who wishes to do so, if such a person exists, should not be called a democrat but an ethical despot. Conversely, it is the recognition of ethical and cultural diversity based on the concept of ethical pluralism that is democratic and open-minded because it appreciates the right to self-determination of each society.
In other words, lese majeste is regarded as not just harmful to the person insulted but to Thai society, ethics and culture. This is in line with the criminological principle that certain acts may be criminalised if there is a societal consensus that they are harmful to society and constitute a limitation on freedom of expression.มันไม่ต่างกับจำกัดเสรีภาพในการแสดงออกทางสีหน้า เช่น การวิจารณ์ของพระเจ้าและศาสดาในประเทศมุสลิม ซึ่งไม่ได้เข้าใจโดยชาวตะวันตก ที่ล้อเลียนศาสดาเคารพโดยชาวมุสลิม จึงสร้างความขัดแย้งที่นำไปสู่ความรุนแรงเกือบทั่วโลก
ทั้งหมดนี้สะท้อนให้เห็นว่า ในสังคมไทย the lese majeste offence has its basis not only in the principles of international law or constitutional law but also in Thai ethics, culture and Buddhist principles which are unique to Thai society. In a similar vein, some Western countries may protect their parliaments through contempt-of-parliament laws (which Thailand does not have), or protect their courts through contempt-of-court laws, while Muslim countries protect their God and faith. Individual freedom of expression thus ends when it comes up against what each society wishes to protect.
This is in fact the beauty of diversity. No true democrat should want every society to use a single set of standards and place individual freedom of expression above the needs and consensus of the majority of that particular society. Someone who wishes to do so, if such a person exists, should not be called a democrat but an ethical despot. Conversely, it is the recognition of ethical and cultural diversity based on the concept of ethical pluralism that is democratic and open-minded because it appreciates the right to self-determination of each society.
การแปล กรุณารอสักครู่..