The phrase "The law is an ass" originates in Charles Dickens' Oliver Twist, when the character Mr. Bumble is informed that "the law supposes that your wife acts under your direction". Mr. Bumble replies "If the law supposes that… the law is a ass—a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience."
I'm currently involved in a sports dispute tribunal hearing which is considering a case of non-nomination for selection to the Olympic team.
The process goes as follows: SNZ conducts Trials, SNZ reviews the results; SNZ agrees the qualified swimmers; SNZ nominates them to the NZOC; NZOC selects them.
The opposition lawyer has put forward a case that proposes selection can precede nomination.
In which case, the law is, indeed, an ass.
Case closed?
Lawyering seems not to be doing itself any favours here and promulgating the perception that it earns money irregardless of the case, the evidence, the facts, or the morals.
Thursday, May 29, 2008
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