Do you know that there is a saying called “the law is a donkey”? It is derived from an English proverb that compares the stubbornness and stupidity of the law to the supposed innate nature of a donkey. Charles Dickens popularized it in his novel “Oliver Twist” where Mr. Bumble is told in court about his domineering wife that “… the law assumes your wife is acting under your direction,” replies:
“If the law assumes that,” said Mr Bumble, clasping his hat insistently in both hands, “the law is an ass – an idiot”.
In my mind, the law becomes a donkey because judges, lawyers and the legal profession do not follow the spirit of the law. They only care about the letter of the law.
Our politicians know how to make new laws all the time because it makes them feel like they are acting in a positive way and trying to solve a problem. In doing so, they ignore the fact that when lawyers and judges apply the law, only the letter of the law is observed and never the spirit. This leads to contradiction in many cases where all ethical and moral considerations are lost. So the law becomes an ass.
We see this in action in all bureaucratic institutions everywhere and at all levels of government. This means that those working in this situation are not allowed to use their common sense or sanity with their brain. These people are conditioned to think in a particular way and trained to keep to the letter of the law. Do you realize that when you work under these conditions unless you are aware of it, you unwittingly become a zombie?
In the recent case of Isreal Folau and Rugby Australia, a moral and ethical dilemma has arisen because both sides have claimed their righteousness 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.
As 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. There was no other option as they were following the letter of the law.
To implement the law, Rugby Australia did what most bureaucratic organizations do, display their authority and use intimidation tactics. They warned Folau and threatened him with dismissal so that he could comply with their demands. Under these circumstances, how would you feel if you were in Folau’s shoes? Won’t you dig into your heels?
So we have an example where the letter of the law is applied, without any ethical and moral consideration to an individual who has committed no crime, to submit him to their demands.
Recently, in the Brisbane Courier-Mail of May 7, 2019, a report titled “The Music Legend Felt ‘Rape’” was published. Diana Ross “was on the verge of tears as a security guard felt it between her legs during an airport search.” “I was treated as if”. “It makes me want to cry.” “It’s not what was done, but how,” she insisted. “However, a TSA spokesperson said CCTV footage appeared to show the officers involved were following all protocols” correctly. “
Here again, an example of how the bureaucratic management of a situation can lead to trauma in an individual. And of course, the bureaucracy is always free because it always acts within the law. Under the protection of the law, an average person has, unconsciously or consciously, a tendency to feel more powerful and superior; there is therefore a likelihood of abuse of authority.
Therefore, when we apply a law without the spirit behind its formulation, it becomes a soulless heart. I hope this matter between Folau and Rugby Australia will not be settled amicably. I want the wise judges of our courthouses to prove to all of us that the law is not an ass.