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VYOOS EDITORIAL
Sometimes, the best decisions in law are innovative moments of colour splashed on grey areas of inefficacy.

The ideal judicial system is one which protects both the citizens of a community and the rights of those citizens. But the law can be a platform of social justice made of quicksand. It can never cover all eventualities, and if people try to make it do so, the law can be an ass.

An example surfaced in San Juan del Rio in Queretaro state, central Mexico, late last week, when police caught a 13-year-old boy spray-painting graffiti tags on municipal property. They took the boy to a municipal official whose job it was to deal with petty offences.


The official decided that, in this case, a lesson about vandalism and the sanctity of other people's property might be learned if he spray-painted the boy's buttocks.

So he did.

The San Juan del Rio mayor promptly fired the official, saying he should have played it by the book and informed the boy's parents, who would then be responsible for paying for the graffiti to be removed.

In today's carefully sanitised and correct world, the mayor was right. Informing the parents, and forcing them to pay for the damage, was the legally mandated and sensible thing to do. It is interesting, however, that this action would in no obvious way have given the boy a demonstration of why his behaviour was considered unacceptable.

To be fair, the official went too far. You can not pull down the pants of anyone, let alone a 13-year-old, and spray-paint their bum to make a point. But perhaps the point could have been made anecdotally — imagine how you would feel if I violated your property, to wit, your bottom, by taking this spray can and ...


If, next weekend, the 13-year-old boy decides after consideration that he is no longer inclined to spray-paint graffiti on municipal property, do you think we will have the mayor, who still has his job, to thank, or the official who no longer has his job?


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Quiet achievers

February 24th 2009 02:01
soap box

We all like to be heard. We all like to play orator, delivering opinions to what we like to perceive is an appreciative audience. It is a basis of relationships, a cornerstone of friendships and the foundation of democracy.

And it is, the vast majority of the time, from parliament to the pub, garbage.

People get opinionated about issues for many reasons, most of them negative: hidden agendas, ambition, defensiveness, deviousness, a need or wish to impress, the desire to put someone else down, an urge to shout as loudly as the next guy, or the commonplace enjoyment of an argument, whether it has merit or not.

People can be divided into two categories: those who talk and those who listen.

To put it another way, there are those who know, those who want to know, and those who think they know.

There are also educated, urbane, witty and skilled orators who channel these considerable talents into self-serving interests. Any political, business or religious leader who presents an argument which takes no account of the opposing argument is doing listeners a disservice and achieving little.

I have a friend who can discuss the Arab-Israeli conflict at informed and eloquent length. But it is entirely one-sided, as has been much of the discussion on the same subject for more than two thousand years. It offers no compromises and therefore achieves nothing except further polarisation of anyone impressed by the discourse.

I know of an intelligent and deeply committed environmentalist who quotes the beliefs of Edward Abbey, the American author and essayist whose works include the novel The Monkey Wrench Gang, which has been cited as an inspiration by radical environmental groups. Abbey and his followers offer no compromises and therefore will achieve nothing except further polarisation.

Debates are not won by obliterating the opposition. They are won by acknowledging opposing viewpoints, identifying common ground and going to work with honest intention to find solutions based on compromise.

It lacks short-term excitement. It's rarely the stuff of headlines. It's a poor option for those with agendas to push.

About all it's good for is getting things done.



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