Friday 18 April 2014

FOOD FOR THOUGHT.....( Article by Professor Hu Chi Ku Chi )

Groucho Marx once said that he would not join a club that would stoop so low as to have him as a member. Behind the mordant witticism lies a profound truth in that if the club committee showed poor judgement in this respect , what other aspects of their work might also succumb to similar poor or appalling judgement. Who could trust a committee to exercise good judgement when its approval of Groucho's membership would certainly suggest a lack of wisdom , common sense and foresight. 
Yet with regards to thorny problem of expulsions a curious dilemma emerges. Firstly , a member , brought before a committee on a disciplinary matter , will more than likely fight for his right of choice to stay on as a member, as opposed to being forced to resign or booted out. Similarly , the committee of a voluntary association would also defend its right of choice to eject people deemed to be unfit to retain their membership , even if such decisions prove to be arbitrary , capricious, and even irrational.
As it happens the law appears to be the enemy of the arbitrary, the capricious , and the irrational. Therefore it is perfectly understandable that crusaders for basic human rights become so impatient of any unfairness done , the injustice wreaked , and the emotional harm visited on their fellows by discriminatory individuals and groups. Freedom is the hallmark of personal choice both both individual members and voluntary association committees, but these two competing claims are irreconcilable.Either one , pushed to its ultimate , will necessarily oust the other. The law has to strike a balance , to somehow steer a course between Scylla and Charybdis, somehow to give each its due , and thereby to arrive at that most elusive of man's goals , JUSTICE.
Sadly , for both mediators and the courts , resolutions of disputes  may not be able to provide happy compromises,  aiming only to reach decisions that are both pragmatic and sensible. No grand formulae exists , or may ever be found ,  for the law can be nothing other than a blunt-edged instrument. The process of dispute resolution of course needs to be a thorough and impartial approach , balancing the sincere demand for equality of treatment against the no less genuine claim for upholding ones freedom of choice. Beyond this , the answer must surely reside in the realm of conscience and morality , and not with what is written in the club's constitution and/or any out-dated common law precedents.  
    

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