Reflections on Justice and the Rule of Law

The Power of Law in Society

In the play "A Man for All Seasons" by Robert Bolt, a dialogue between Sir Thomas More and his future son-in-law William Roper reveals a profound understanding of the importance of law in society. More argues that even the devil should be granted the protection of the law, for without it, chaos would ensue. This belief in the rule of law was instilled in me during my upbringing in India, where we viewed the United States as a nation of laws.

The Erosion of Social Cohesion and Political Stability

However, recent trends in Western societies, including the US, suggest an erosion of this legal framework. The rise of identity politics, critical race theory, and gender ideology, coupled with the pursuit of social justice, has led to a weakening of social cohesion and political stability. This trend is particularly evident in the undermining of Western jurisprudence and criminal justice systems.

Impact on the Criminal Justice System

The criminal justice system has been particularly affected by these changes. In Canada, for example, courts have begun to consider racial identity as a mitigating factor in sentencing. Meanwhile, the principle of equal protection under the law, due process, and the presumption of innocence until proven guilty have been weakened. This is particularly concerning in cases of sexual assault, where allegations can be weaponised for political gain.

Case Study: The Higgins-Lehrmann Saga

A recent case that illustrates this trend is the saga involving Brittany Higgins and Bruce Lehrmann in Australia. Higgins accused Lehrmann of rape, leading to a high-profile trial and subsequent defamation suit. The case highlighted the challenges of judicial reasoning in the face of allegations and suppositions, and raised questions about the fairness of the verdict.

Background of the Case

In 2021, Higgins, a junior staffer to a Liberal Party cabinet minister, alleged that she had been raped by Lehrmann, a fellow staffer. Despite inconsistencies in Higgins's account and a lack of physical evidence, Lehrmann was ultimately found guilty of rape. This verdict has raised concerns about the application of the 'balance of probabilities' standard in civil cases and the potential for anti-male bias in the legal system.

Concerns about Anti-Male Bias

One concern is that the same 'balance of probabilities' standard was not applied to Higgins's conduct. Despite her own questionable decisions and actions, Higgins was effectively infantilised and denied responsible agency. This double standard, where men are held accountable for their actions while women are not, is indicative of a broader trend of anti-male bias in the legal system.

Media Recklessness

Another concern is the role of the media in such cases. In the Higgins-Lehrmann case, the media broadcast allegations of rape before the trial had even begun, causing significant damage to Lehrmann's reputation. This reckless disregard for due process raises questions about the media's responsibility in such cases.

Lessons from India

India provides a cautionary tale of the dangers of prioritising belief over evidence. In response to a brutal gang rape in 2012, the government implemented measures to fast-track sexual assault cases and toughen punishment for sex crimes. However, these measures have led to an increase in false allegations of rape, highlighting the need for a balanced approach that respects both the rights of the accused and the accuser.

Conclusion

The erosion of the rule of law and the rise of identity politics present significant challenges to our legal systems. While the pursuit of social justice is important, it should not come at the expense of due process and the presumption of innocence. As we navigate these complex issues, we must strive to uphold the principles of justice for all, rather than privileging certain groups over others. What are your thoughts on this matter? Do you agree with the concerns raised in this article? Share this article with your friends and join the conversation. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.