Have you learnt there’s a saying referred to as “the Regulation is an ass”? It’s derived from an English proverb which likens the legislation’s stubbornness and stupidity to the supposed innate nature of a donkey. Charles Dickens popularised it in his novel “Oliver Twist” the place Mr. Bumble is advised in a courtroom relating to his domineering spouse that “… the legislation supposes that your spouse acts below your course”, replies:
“If the legislation supposes that,” mentioned Mr. Bumble, squeezing his hat emphatically in each fingers, “the legislation is an ass – an fool”.
In my thoughts, the legislation turns into an ass as a result of the judges, legal professionals, and the authorized occupation don’t observe the spirit of the legislation. They’re solely involved with the letter of the legislation.
Our legislators are excellent at making new legal guidelines on a regular basis as a result of it provides them the looks of appearing constructive and making an attempt to resolve an issue. In doing so, they don’t permit for the truth that when the legal professionals and judges apply the legislation, solely the letter of the legislation is adopted and by no means the spirit. It results in contradiction in lots of instances the place all the moral and ethical issues are misplaced. Thus the legislation turns into an ass.
We see this in motion in each bureaucratic establishment in every single place and in any respect ranges of presidency. It signifies that these working in that scenario should not allowed to make use of their widespread sense or motive with their brains. These individuals are being conditioned to suppose in a selected method and educated to stay to the letter of the legislation. Do you realise that when one is working below these situations except one is conscious of it, one unwittingly turns into a zombie?
Within the latest case of Isreal Folau and Rugby Australia, a ethical and moral dilemma has arisen as a result of each side have claimed their correctness in line with the letter of the legislation.
Israel Folau claims that he has been discriminated in opposition to and unfairly sacked by Rugby Australia due to his spiritual beliefs.
Since Rugby Australia is a bureaucratic organisation which may solely suppose when it comes to the letter of the legislation, they needed to discover Folau in breach of contract to sack him. There was no different possibility as a result of they adopted the letter of the legislation.
To implement the legislation, Rugby Australia did what most bureaucratic organisations do, show their authority and use bullying techniques. They warned Folau and threatened him with dismissal in order that he might bow to their calls for. Below these circumstances, how would you are feeling in the event you had been in Folau’s place? Would you not dig in your heels?
Thus we’ve an instance the place the letter of the legislation is utilized, with none moral and ethical consideration to a person who had not dedicated any crime, to make him undergo their calls for.
Just lately within the Brisbane Courier-Mail of seven Might 2019, there was a report titled “Music legend felt ‘violated'” revealed. Diana Ross “was near tears as a safety officer felt between her legs throughout an airport pat-down”. “I used to be handled like s..t”. “Makes me wish to cry.” “It isn’t what was executed, however how,” she insisted. “Nevertheless, a TSA spokesman mentioned that CCTV footage appeared to indicate the officers concerned ‘appropriately’ adopted all protocols”.
Right here once more, was an instance of how bureaucratic dealing with of a scenario can lead to traumatising a person. And naturally, the forms all the time goes scotfree as a result of they all the time act throughout the letter of the legislation. Below the safety of the legislation, a median particular person subconsciously or consciously tends to really feel extra highly effective and superior; thus, there’s a chance of authority being abused.
Therefore after we apply a legislation with out the spirit behind its formulation, it turns into a coronary heart with out the soul. I hope this case between Folau and Rugby Australia doesn’t settle out of courtroom. I would like the sensible judges in our Regulation Courts to show to all of us that the legislation just isn’t an ass.