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The law and justice: Complementary or contradictory?

In Charles Dickens’ fictional masterpiece entitled Oliver Twist, Mr. Bumble, a minor antagonist, uttered a phrase that has since been acclaimed worldwide, “The law is a ass – a idiot.” The setting was a court of law. Mr. Bumble was advised, “The law supposes that your wife acts under your direction.”

Wrought with frustration, he came up with this classic response, perhaps in reference to the unyielding nature of the law. This reminds me of the “Dura lex, sed lex” principle, Latin for “the law is harsh, but it is the law.”

Several decades after the publication of Oliver Twist, a celebrated trailblasing English judge named Lord Denning observed, “The law is an ass.” Is that your view about the law? Especially in cases where you feel it defies logic and runs contrary to the principles of justice? I want to acknowledge the seeming tension between two elements that are crucial in fostering the evolution of jurisprudential refinement, the law and justice. Which one of these is more important, thereby rendering the other subservient?

Editor's Comment
BPF should get house in order

Speaker of the National Assembly, Dithapelo Keorapetse, has this week rightly washed his hands of the mess, refusing to wade into a party squabble that has no clear leadership and no single version of the truth.When a single party sends six different letters to the Speaker’s office, each claiming to be the authoritative voice, it is not just confusion, but an embarrassment.Keorapetse is correct to insist on institutional boundaries. Parliament...

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