Why is the law an ass?
Do you know that there is a saying called “the Law is an ass”? 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 regarding his domineering wife that “…his wife is supposed by law to act at his direction” , reply:
“If the law supposes that,” said Mr. Bumble, clutching his hat emphatically with both hands, “the law is an ass, an idiot.”
In my opinion, the law becomes an ass 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 are very good at making new laws all the time because it gives them the appearance of acting positively and trying to solve a problem. In doing so, they disregard the fact that when lawyers and judges apply the law, only the letter of the law is followed and never the spirit. It leads to contradiction in many cases where all ethical and moral considerations are lost. Thus the law becomes an ass.
We see this in action in every bureaucratic institution everywhere and at every level of government. It means that those who work in that situation cannot use their common sense or reason with their brains. These people are being conditioned to think in a particular way and trained to stick to the letter of the law. Do you realize that when you’re working in these conditions unless you’re aware of it, you unknowingly become a zombie?
In the recent case of Isreal Folau and Rugby Australia, a moral and ethical dilemma has arisen as both parties have called for its correction in accordance with the letter of the law.
Israel Folau claims that he has been discriminated against and unfairly dismissed by Rugby Australia due to 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 because they followed the letter of the law.
To implement the law, Rugby Australia did what most bureaucratic organizations do: flaunt their authority and use intimidation tactics. They warned Folau and threatened him with dismissal to make him give in to their demands. Under those circumstances, how would you feel if you were in Folau’s place? Won’t you dig in your heels
Thus we have an example where the letter of the law is applied, without any ethical and moral consideration to an individual who had not committed any crime, to submit him to its demands.
Recently, in the Brisbane Courier-Mail on May 7, 2019, a report was published titled “Music legend felt ‘raped'”. Diana Ross “was on the verge of tears when a security officer touched her between the legs during an airport search.” “They treated me like s..t.” “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 that all protocols were ‘correctly’ followed by the officers involved.”
Here again, it was an example of how bureaucratic handling of a situation can result in traumatizing an individual. And, of course, the bureaucracy always gets away with it because it always acts within the letter of the law. Under the protection of the law, an average person unconsciously or consciously tends to feel more powerful and superior; therefore, there is the potential for authority to be abused.
Therefore, when we apply a law without the spirit behind its formulation, it becomes a heart without a soul. I hope this case between Folau and Rugby Australia is not settled out of court. I want the wise judges of our Courts of Justice to show us all that the law is not an ass.