Do you know there is a expressing named “the Law is an ass”? It is derived from an English proverb which likens the law’s stubbornness and stupidity to the supposed innate mother nature of a donkey. Charles Dickens popularised it in his novel “Oliver Twist” the place Mr. Bumble is informed in a court docket regarding his domineering spouse that “… the regulation supposes that your spouse acts underneath your route”, replies:
“If the law supposes that,” stated Mr. Bumble, squeezing his hat emphatically in both equally arms, “the regulation is an ass – an fool”.
In my head, the legislation results in being an ass simply because the judges, legal professionals, and the legal profession do not follow the spirit of the regulation. They are only anxious with the letter of the legislation.
Our politicians are very superior at producing new legislation all the time due to the fact it presents them the visual appeal of acting positive and seeking to clear up a dilemma. In doing so, they do not allow for the reality that when the legal professionals and judges apply the legislation, only the letter of the law is adopted and hardly ever the spirit. It qualified prospects to contradiction in many scenarios where all the ethical and moral concerns are dropped. So the legislation turns into an ass.
We see this in action in each bureaucratic institution in all places and at all amounts of federal government. It indicates that all those performing in that condition are not permitted to use their frequent sense or reason with their brains. These persons are becoming conditioned to believe in a certain way and skilled to adhere to the letter of the law. Do you realise that when one is doing work underneath these disorders until one particular is aware of it, one particular unwittingly will become a zombie?
In the modern situation of Isreal Folau and Rugby Australia, a ethical and ethical dilemma has arisen simply because the two sides have claimed their correctness according to the letter of the legislation.
Israel Folau claims that he has been discriminated from and unfairly sacked by Rugby Australia due to the fact of his spiritual beliefs.
Considering that Rugby Australia is a bureaucratic organisation which can only assume in phrases of the letter of the law, they had to find Folau in breach of agreement to sack him. There was no other choice for the reason that they followed the letter of the law.
To implement the regulation, Rugby Australia did what most bureaucratic organisations do, screen their authority and use bullying methods. They warned Folau and threatened him with dismissal so that he may bow to their needs. Below individuals conditions, how would you sense if you ended up in Folau’s placement? Would you not dig in your heels?
Thus we have an case in point exactly where the letter of the regulation is utilized, without having any ethical and moral consideration to an person who had not fully commited any crime, to make him post to their calls for.
Not too long ago in the Brisbane Courier-Mail of 7 May perhaps 2019, there was a report titled “Songs legend felt ‘violated'” published. Diana Ross “was shut to tears as a protection officer felt among her legs during an airport pat-down”. “I was dealt with like s..t”. “Will make me want to cry.” “It really is not what was finished, but how,” she insisted. “Even so, a TSA spokesman stated that CCTV footage appeared to clearly show the officers associated ‘correctly’ followed all protocols”.
Below once more, was an case in point of how bureaucratic dealing with of a predicament can outcome in traumatising an person. And of course, the forms generally goes scotfree for the reason that they often act in just the letter of the law. Underneath the safety of the law, an regular human being subconsciously or consciously tends to come to feel extra impressive and superior so, there is a chance of authority getting abused.
Consequently when we use a regulation without having the spirit powering its formulation, it will become a heart without the soul. I hope this situation in between Folau and Rugby Australia does not settle out of courtroom. I want the clever judges in our Legislation Courts to show to all of us that the legislation is not an ass.