You know there is a saying that “the law is an ass”? Derived from an English proverb that likens the obstinacy and stupidity of the law to the supposed innate nature of the donkey. Charles Dickens popularized this in his novel Oliver Twist, where Mr. Bumble responds to a domineering wife at court that “… the law supposes your wife to act at your bidding”:
“If the law means it,” said Mr. Bumble, clutching his hat in both hands, “the law is an ass—a fool.”
In my opinion, because judges, lawyers, the legal profession do not follow the spirit of the law, the law becomes an ass. They are only interested in the letter of the law.
Our politicians are always very good at passing new laws because it gives them the appearance of being positive and trying to solve the problem. In doing so, when lawyers and judges apply the law, they allow only the letter of the law to be followed, never the spirit. It leads to contradiction in many cases where all ethical and moral considerations are lost. Thus, the law becomes a donkey.
We see it in action everywhere and in every bureaucratic agency at all levels of government. This means that those who work in that situation are not allowed to use their minds and their minds with their brains. These people are conditioned to think a certain way and are trained to follow the letter of the law. Do you understand that when a person works under these conditions, he unwittingly turns into a zombie?
In the recent case of Isreal Folau and Rugby Australia, a moral and ethical dilemma arose as both sides claimed their correctness according to the letter of the law.
Israel Folau claims he was discriminated against and unfairly sacked by Rugby Australia because of his religious beliefs.
Because Rugby Australia is a bureaucratic organization that can only think in terms of the letter of the law, they had to find Folau in breach of contract to fire him. Since they followed the letter of the law, there was no other option.
To enforce the law, Rugby Australia did what most bureaucratic organizations do, flaunting their authority and using bully tactics. They warned Folau and threatened to fire him to comply with their demands. How would you feel if you were in Folau’s position? Don’t you dig your heels in?
Thus, we have an example where the letter of the law is applied to a person who has not committed any crime without any ethical or moral significance to obey its demands.
A report was recently published in the Brisbane Courier-Mail dated May 7, 2019 titled “Music legend felt ‘broken'”. Diana Ross was “close to tears when she felt a security officer between her legs during the airport”. “They treated me like s..t”. “He wants to make me cry.” “It’s not what’s done, it’s how it’s done,” he said. “However, a TSA spokesperson said CCTV footage shows the officers involved followed all protocols ‘properly’.”
Yet another example of how bureaucratic handling of a situation can result in trauma to an individual. And, of course, bureaucracy is always loose because it always acts within the law. Under the auspices of the law, the common man, subconsciously or consciously, tends to feel stronger and superior; thus, there is a possibility of abuse of power.
So when we apply a law without a soul behind its definition, it becomes a soulless heart. I hope this case between Folau and Rugby Australia is not settled out of court. I want the wise judges in our Courts of Law to prove to us all that the law is not an ass.