Why Law is called ASS? Two possible examples
I am not aware about the origin of phrase Law is an ass, nor I am aware since how many centuries this phrase is in use.
But I think the following two may be possible reasons.
Example One:
In an ancient war, a soldier was hurt. An arrow was stuck half in his head.
He went to External Doctor. External Doctor, cut and removed arrow so far as it was visible outside.
But he did not remove that part of arrow which had gone in head.
He said, this is job of internal doctor. Internal Doctor will remove that part. He forwarded soldier to Internal Doctor.
This is the story in many legal cases. Each Court has well defined jurisdiction or boundaries.
Some points can be decided only in trial court but not in High Court. So High Court may decide some point and send case to trial court to decide other points.
Same is about Supreme Court and High Courts. Jurisdictions are different.
The litigants often feel why he has to go from one court to another to remove an arrow which is stuck in his head. But such is the system of law since ages.
Example Two
A law says, an offence under act will be made out under this Act only if a person is killed with three bullets (Read ingredients In place of bullets, ) But If he is killed by one or two bullets, then no offence is made out !
There are many such laws with many such loopholes because of which, the law becomes useless.
Lawyers learn about these loopholes with experience and exposures to cases.
Haresh Raichura
8/9/13
