Divan-e Insani | Critique of Penal Justice and Janism

Introduction: The Historical Trajectory of Penal Power in Divan-e Insani

The critical examination of justice, power, and civilization reaches a profound turning point in the works of Nima Shahsavari. In Divan-e Insani, the author delivers a rigorous, deconstructive analysis of the history of judicial systems, exposing how law has functioned historically as an instrument of elite domination and structural violence. Rejecting any form of self-aggrandizement, the text maintains an austere, objective, and philosophically rigorous tone. It challenges the foundational myths of human civilization, tracing how the pursuit of order has consistently resulted in the suppression of freedom, the monopolization of resources, and the widespread exploitation of the living world.

From Ancient Enclosures to Digital Surveillance: The Epochs of Domination

The historical critique presented in Divan-e Insani unfolds across distinct epochs, each representing an evolution in the technology of control. The history of human jurisprudence begins with the violent marking of territory and the monopolization of essential natural resources by terrestrial and archaic ruling classes, giving rise to early forms of exclusion and ritualized punishment. As civilization progressed into the age of religious dogmatism, this power manifested as inquisitorial tribunals, burning dissenters at the stake in the name of absolute truth.

In subsequent eras, monarchical hierarchies gave way to modern rationalist states, where traditional scaffolds were replaced by the cold efficiency of bureaucratic guillotines and penal codes. In the most advanced layer of this trajectory—the digital era of Neopadian control—repression sheds its crude physical violence for algorithmic monitoring and digital erasure. Here, state power neutralizes opposition not through the executioner’s blade, but by stripping away digital identity and subjecting individuals to cold, bureaucratic processing. Simultaneously, this systemic violence expands outward into the industrial torture of animals in laboratories and slaughterhouses, reducing the living earth to a lifeless object for profit extraction.

The Moral Core: The Equality of All Drops of Existence

At the philosophical heart of Divan-e Insani lies an uncompromising ethical axiom: the absolute equality of all drops of existence (یکسانی قطره‌های هستی). This worldview shatters the anthropocentric illusions that place human utility at the center of moral consideration. In this framework, every living being—regardless of species, form, or social standing—shares an identical, inviolable right to exist without suffering harm.

The text argues that conventional penal justice, with its reliance on retribution, imprisonment, and state-sanctioned violence, is fundamentally flawed because it operates on the same logic of tyranny that it claims to punish. True justice cannot be achieved through the replication of cruelty. Instead, the law of liberation demands that humanity conquer its internal monster, dismantle the artificial barriers separating the self from the other, and replace the accumulation of power with an unyielding reverence for life.

The Law of Liberation: Replacing Prisons with Gardens of Rehabilitation

Moving beyond critique, Divan-e Insani presents a visionary alternative to the carceral state. The work calls for the total abolition of prisons, isolation walls, and capital punishment, replacing them with revolutionary structures such as educational cooperatives and antidotal gardens (باغ پادزهران). In this alternative model, human error or social transgression is understood not as an innate evil requiring brutal retribution, but as a symptom of ignorance and systemic alienation.

By rooting the resolution of conflict in open dialogue, ecological education, and moral rehabilitation, the text outlines a path toward a non-violent society. This restorative model refuses to inflict harm in response to harm, instead fostering a culture of collective awareness and mutual healing.

Conclusion: The Timeless Vision of Divan-e Insani

In an era defined by retributive justice, ecological crisis, and escalating systemic control, Divan-e Insani stands as an indispensable philosophical manifesto. By challenging the legitimacy of penal structures and grounding its vision in the principles of Janism and non-harm, Shahsavari provides a timeless roadmap for human liberation. It is an urgent invitation to transcend the machinery of punishment and build a world anchored in true equality and peaceful coexistence.