Edit April 05; The Bucket is going into wet season hibernation due to a lack of solar power and an abundance of associated Goffly Malaise.
The Bucket will r e s u m e w h e n …………. zzzzzzzzzzzzzzzzzzzzzzzzzz
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(The most entertaining and down-to-earth little book I have read in the last decade is Les Mohr’s “The Dead Horses”
Mohr philosophophizes with Aussie humour and irreverence upon various activities and concepts including God, political correctness, sport, love, festering, marriage, and “The case for selling women” in a series of 32 short essays.
I am indebted to the part he played in reinforcing my own thoughts, conclusions and life experience, and for inspiring me to write the following
** My wording. Mohr’s modesty prevented him naming the law after himself.
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Occasionally in the past I have chosen to point out deficiencies that, as a humble farmer and gardener, I observe in the way Australia’s judicial system functions.
Rather than being a simple and effective system for maintaining law and order, it is primarily a complicated entrenched framework which ensures that the principal players, i.e. judges, lawyers and legal draughtsmen have an institutionalised means to syphon off the maximum amount of money over the longest possible period of time from plaintiffs, defendants and the public purse.
The present adversarial system encourages courtrooms to become theatres for case-winning acting performances rather than practical places for handing out considered, timely, effective and equitable justice.
That I am able to bring you this truth is largely due to the way I was treated by the legal system on one occasion thirty two years ago, following which I made an irrevocable decision to never again attempt to obtain justice from this unwieldy, expensive, self-serving industry.
Our present system is a deeply entrenched and untouchable relic of the past.
It is unaffordable and inaccessible to those in greatest need.
It is also a disgrace that innocence or guilt can be determined by the degree of character assassination inflicted upon litigants (and witnesses) by opposing lawyers.
As Mohr states;
“The legal profession has hijacked the opportunity for common sense and with it justice for ordinary people.”
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Mohr has a solution.
Abolish every law in the statute books, then replace all of those laws with just one;
Mohr’s Law **
It is an offence to cause harm, attempt to cause harm, or behave in a manner likely to cause harm.
There will be no necessity for “fine print” and endless pedantic legal argument.
One simple law which effectively covers everything from slander to physical violence, fraud or environmental vandalism.
Having introduced this level of simplicity, all that is required of
the justice system is the determination by judges and juries of “extent of harm” caused, then the handing out of sentences commensurate with the “degree of harm” caused.
I have a suspicion that my Dad, who was a Justice of the Peace and occasional assistant in the Magistrate’s Court, would have concluded that Mohr’s Law represents an unsophisticated, unwelcome and flawed attempt to erode the foundations of our established system of British Justice.
Perhaps it is, or just maybe the principle behind it deserves more than a passing glance, for the present justice system is beyond the reach and comprehension of most Australians.
It may be no coincidence that both Mohr and I (separately) spent many of our younger years working with village people in Papua New Guinea and accordingly now view the world from a different perspective knowing that civilisation and simplicity need not necessarily be mutually exclusive.
Mohr’s Law has approximately zero chance of ever being taken seriously by the Establishment. Judicial reform is not exactly music to the ears of all the rich and powerful lawyers and politicians who have vested interests in maintaining Australia’s legal status quo.
I applaud Mohr’s Law for it’s promise of judicial common sense, a commodity which is increasingly absent from the deliberations of, and sentencing applied by Australia’s legal system.
It is more concerned with playing the games that lawyers play.
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