By Professor Richard A. Byron-Cox (PhD)
The Court ruled in favour of the public servants who lost their jobs owing to refusal to take the Covid-19 vaccine. This commentary is not on that ruling. My concern is the vehemence of those opposed to the government appealing same. The layman is forgiven being mislead as ignorance of some kind is an affliction common to all humanity. But it is most dishonest when those claiming expert understanding of justice, law, and how the court/legal system work, revel in and, encourage such idiocy for purely vainglorious ends! Their vociferousness forces the reasonable to conclude, that they too are convinced the judgement is wholly flawed.
The appellate instance is not some useless adjunct, purposeless appendix. It is not finery merely decorating the judicial system, but a fundamental council in the delivery of justice of every court system of civilized peoples.
The claim that it’s immoral for the government to appeal is but the brandishing of a red herring. How dare they speak of morality, when their selfish and unethical action jeopardizes the health and overall wellbeing of the entire nation?! Dog ate their morality!!! The fact is, this is a serious question about rights, law and justice, invoking John Stuart Mill’s profound thesis of justice being based on the best outcomes for the greatest number of people; and further, the philosophical legal principle that injury to the public good is a basis for denying the legality of contracts or other transactions.
Those rejoicing about their great victory, certain that law and justice are on their side, should logically be happy that the matter is being taken to a higher instance which will sanctify their claim. Justice afraid of legal interrogation is nought but a farce. They who claim their victory to be above objective legal scrutiny, are dreadfully deceitful by nature! Justice is not the wish of either party to a dispute. It is what ought to be in a community that cherishes fairness a la John Rawls.
This warped idea that only in their being victorious is justice done, has so besotted their twisted hateful souls and minds that one virtually called for civil war, bellowing, “No justice no peace!” simply because a judgement wasn’t given in their favour.
History is replete with wrong judgements given at the first instance.
Many an innocent, sentenced to death at their first trial, were saved through the appeals process. It’s now a norm to see stories of black men being set free in the US, thanks to appeals, absolving them of guilt! Anyone having an elementary understanding of human nature and practice, fully appreciates Alexander Pope’s affirmation, “To err is human.” He who is always right is an evil “flaming spear!”
There is this disingenuous propaganda about “great victory for the people.” Is the government from Mars? Was it not duly elected by the people? Doesn’t it control the majority of seats in the parliament as determined by the people? Doesn’t it speak and act in the name of the people? In protecting the nation from the pandemic, wasn’t it acting on behalf and in the interest of the people? This shout of great victory for the people, is but a false refrain from one whom the people discarded to the dustbin of political history! Truth is, the people refused this vial of bile, preferring an intellectual imbecile! It’s clear, they don’t want an aspiring megalomaniac to speak for them, so please keep the people’s “name out of your mouth!” This government is one of, for, by, and with the people! It is the people!
Then there is the absurd argument about cost. Covid killed more than 6.8 million and infected upwards of half a billion.
It claimed more than 120 Vincy lives and made thousands sick. If these are not costs, what are they? And what of vaccines, medicals services, funerals, the loss of loved ones, the huge economic losses ……?” Medical history of the last two score years shows zoonosis on rapid and dangerous rise. It’s not farfetched that future tragedies await. No one knows when the next Nebraska flu misnamed “Spanish” will descend. In short, the cost of a pandemic is incalculable!
The state’s first raison d’etre is the safety and security of citizens. Just on that basis alone, our government must subject this judgement to higher scrutiny! We must never allow political washed-ups and wannabees to hold the wellbeing of this nation to ransom. Truth is elemental to justice, which in turn is the oxygen of a free and democratic society. Only the unscrupulous fears truth and ultimately justice!