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Australian Politics

On the dangerous dishonesty of Rule of Law

This is the best blog post of the year in my book. A thoroughly enjoyable and informative read, written at an exceptional level of critical thought. 100% recommend.

oecomuse

With an outbreak of interest in and ignorance of two legal precepts, Rule of Law and the 1500-year-old lex iniusta non est lexan unjust law is no law at all, here is a bit of background on origins, authors, influences, and adherents.

The bones of the debate are this: the highest placed union leader in Australia, Sally McManus, was asked by Leigh Sales on 730 (ABC1) if she “believes” in the Rule of Law. McManus based her reply on the natural law philosophy that laws must have a moral dimension and a relationship to justice – and ought not cause injustices.

Over the years, philosophers have disagreed on the correct response to an unjust law, and have attempted to codify types of injustice. Do we leave the state which makes unjust laws for a more just society which does not? Do we obey the unjust law for the…

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Discussion

3 thoughts on “On the dangerous dishonesty of Rule of Law

  1. Rule of law…
    The “chain of laws” that make up the generic :”rule of law” in any society could be said to be only as strong as its weakest link. Many “laws” put in place by an Authoritarian govt’ , much like this waste-of-space LNP govt’ we are afflicted with now, can be proved to be bad law. The instance this last week of an incident on a building site using a “law” brought in with the ABCC being thrown out most insultingly by the magistrate in a court of law after being brought there by the Govt’ demonstrates just this principle..the “law” was shithouse..put it under the test and you can smell the LNP stench of “no idea” when it comes to legislation.

    The same was proved with the “law” created by “dud” Dutton to silence doctors and nurses or care workers in the refugee detention centres..another example of a bad law having no hope of standing at the first hurdle. But then , we are talking about the LNP …Brandis et all..how does one measure the hopeless incompetence but by the failure of his / their most valued tools of oppression.

    These bad laws, as is demonstrated in the article, are no new thing..there is extant in the letters of The Younger Pliny who, when governor of Bythnia in the time of the Emperor Titus, requested permission to create fire-brigades for a more rapid response to those most dangerous fears of the cities of the times. The request was refused with the rider that the Empire had previous bad experience of groups of citizens gathering together in mutual interest and causing problems for authority…”but you have permission to supply buckets etc.” Likewise was it a crime in the Roman Empire for more than five citizens to gather in one place at one time..and there was said to be a legionnaire on every street corner of the capital to police this very law.

    Augustus banned and dismantled the trade guilds on just such excuses…more likely at the suggestion of that vile piece of scheming middle-class shit; Maecenas who advised him to ; “… put an end to the unruly behaviour of the populace, and take the direction of affairs into your own hands and into those of other citizens among us who are best qualified.” …and one doesn’t have to wonder just who those “other best qualified citizens” were.

    So I would say it is the right and even the duty of Ms. McManus to challenge on behalf of the union members ALL “laws” seeking to restrict or reduce fair play in the lives of “the unruly populace”.

    Liked by 1 person

    Posted by freefall852 | March 18, 2017, 7:47 am
  2. Personally I agree with Sally Mc that laws that are deemed unfair should not be followed blindly, and that those laws should be opposed by every means possible, for example the ABCC why should construction workers be discriminated against, purely because they have the guts to stand up for themselves and each other? This is the collective thinking that the LNP want to destroy. The only person to stand up to the ABCC is a man by the name of Ark Tribe, he is now sadly unemployed without prospects of employment relating from the stand he took on behalf of us all. The ACTU should take up a collection for this brave soul, he shouldn’t have to continue living in a caravan.

    This is one of the laws that Sally refers to, if we obeyed every law to the letter of the law we would be goaling students from poor families who ride their bikes home from school without a helmet, because their family cannot afford a helmet. This tory government loves changing laws to disadvantage the poor and the working poor (penalty rates lowering) for the lowest paid people in Australia. Hopefully the new union who represent shop assistants (don’t be fooled by titles like Dairy Case Manager or Produce Manager at supermarkets they receive about $10 per week more than a lowly shop assistant, and most industrial workers wouldn’t get out of bed for the poultry wage they earn.

    Liked by 1 person

    Posted by townsvilleblog | March 18, 2017, 8:48 am

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Trish Corry

trishcorry

trishcorry

I love to discuss Australian Politics. My key areas of interest are Welfare, Disadvantage, emotions in the workplace, organisational behaviour, stigma, leadership, women, unionism. I am pro-worker and anti-conservativism/Liberalism. I am a proud member of the Australian Labor Party and you will find my blog posts written from a Laborist / Progressive Slant.

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