Why the Law Is an Ass?

Reasons why you should study Law | Academia

Do you realize there’s a pronouncing known as “the Law is an ass”? It is derived from an English proverb which likens the law’s stubbornness and stupidity to the intended innate nature of a donkey. Charles Dickens popularised it in his novel “Oliver Twist” where Mr. Bumble is instructed in a court docket concerning his domineering wife that “… The regulation supposes that your wife acts underneath your course”, replies:
“If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in each fingers, “the law is an ass – an fool”.

In my mind, the regulation becomes an ass because the judges, lawyers, and the legal career do no longer observe the spirit of the law. They are handiest worried with the letter of the law.

Our politicians are superb at making new legal guidelines all the time as it gives them the arrival of https://romanbusiness.com/ advantageous and looking to clear up a problem. In doing so, they do no longer allow for the truth that when the lawyers and judges apply the law, most effective the letter of the law is accompanied and by no means the spirit. It results in contradiction in lots of instances in which all the moral and ethical considerations are misplaced. Thus the law becomes an ass.

We see this in action in each bureaucratic institution everywhere and in any respect tiers of presidency. It approach that the ones running in that state of affairs are not allowed to use their commonplace sense or motive with their brains. These human beings are being conditioned to assume in a particular way and skilled to stick to the letter of the law. Do you comprehend that once one is working under these situations except one is aware about it, one unwittingly becomes a zombie?

In the latest case of Isreal Folau and Rugby Australia, a ethical and moral catch 22 situation has arisen because each facets have claimed their correctness consistent with the letter of the regulation.

Israel Folau claims that he has been discriminated towards and unfairly sacked by Rugby Australia due to his non secular ideals.

Since Rugby Australia is a bureaucratic organization which could most effective assume in phrases of the letter of the regulation, they needed to find Folau in breach of settlement to sack him. There became no other option because they accompanied the letter of the regulation.

To put into effect the regulation, Rugby Australia did what maximum bureaucratic companies do, display their authority and use bullying strategies. They warned Folau and threatened him with dismissal so that he may additionally bow to their needs. Under those instances, how would you feel in case you have been in Folau’s role? Would you no longer dig in your heels?

Thus we’ve an example wherein the letter of the regulation is applied, with none ethical and moral consideration to an individual who had now not dedicated any crime, to make him post to their demands.

Recently inside the Brisbane Courier-Mail of seven May 2019, there has been a report titled “Music legend felt ‘violated'” posted. Diana Ross “changed into near tears as a security officer felt among her legs in the course of an airport pat-down”. “I was dealt with like s..T”. “Makes me need to cry.” “It’s no longer what become achieved, but how,” she insisted. “However, a TSA spokesman stated that CCTV footage seemed to show the officials concerned ‘successfully’ observed all protocols”.