Did you know that there is a saying “the law is a donkey”? It is derived from an English proverb that likens the stubbornness and stupidity of the law to the innate nature of a donkey. Charles Dickens popularized it in his novel “Oliver Twist”, in which Mr. Bumble is told in court about his mistress that “… by law your wife acts cruelly under your guidance”:
“If the law guesses it,” Mr. Bumble said, squeezing his hat tightly with both hands, “the law is a donkey – a fool.”
In my opinion, the law becomes a donkey because judges, lawyers and the legal profession do not follow the spirit of the law. They care only about the letter of the law.
Our politicians are always very good at making new laws because it looks like they are working positively, trying to solve a problem. In doing so, lawyers and judges do not allow the fact that there is no soul but only the letter of the law when the law is enforced. It causes contradictions in many cases where all moral and ethical issues are lost. So the law becomes a donkey.
We see this working everywhere, in every bureaucracy and at all levels of government. That is, those who work in that position are not allowed to use their common sense or intelligence in the brain. These people are given the conditions to think in a certain way and are trained to adhere to the letter of the law. Do you realize that when someone unknowingly works under these circumstances, he or she unknowingly becomes a zombie?
In the recent case of Israel Folaw and Rugby Australia, a moral and ethical dilemma has arisen as both sides have declared their correctness in accordance with the letter of the law.
Israeli Folaw says he has been discriminated against and unfairly fired by Australian rugby because of his religious beliefs.
Since Rugby Australia is a bureaucratic organization that can only be thought of in the letter of the law, they had to find Fola who had breached contracts to oust him. They had no choice but to obey the law.
In order to enforce the law, rugby Australia used what many bureaucrats organize, display their authority and use tactics of harassment. They warned Fola and threatened to fire him if he did not comply. Under such circumstances, how would you feel if you were in Folov’s place? Aren’t you digging your heels?
Thus, we have an example where the letter of the law is applied without any moral and ethical consideration by making a person who has committed no crime submit to his demands.
Recently, on May 7, 2019, a report was published in the Brisbane Courier-Mail entitled “Music Legend ‘Violated’.” Diana Ross “was in tears when a security guard felt her between her legs during a knock at the airport”. “I was treated like s..t”. “I feel like crying.” “What it did, but how,” she insisted. “However, a TSA spokesman said CCTV footage showed officials involved following all protocols” correctly “.”
Here again, bureaucratic handling of a situation was an example of how a person can be traumatized. In fact, the bureaucracy always goes free because they always obey the letter of the law. Under the protection of the law, the average person subconsciously or consciously feels superior and superior. Thus, there is a potential for abuse of authority.
So when we implement a soulless law behind its formulation, it becomes a soulless heart. I hope this case between Folau and Rugby Australia will not be settled out of court. I want the wise judges in our legal courts to prove to all of us that the law is not an asshole.