The Law of Honour in Australian Courts and Workplaces

'The Law of Honour" 

- no, its not an oxymoron.

While law and honour are not the same they are not mutually exclusive.  In fact they are inseparable in many ways.  The 'law' of honour is an ancient law even if in the Western World it has lacked clear emphasis in recent decades.

I just 'found' a draft that I had started of this blog post some months back that got put on the 'back burner' while other life matters took higher priority.  But the issues raised are still worth noting...

Toward the end of 2017, the state of New South Wales passed a new law. Now, disrespectful behaviour (to a judge) makes you guilty of breaking the law.  In particular, not standing when a judge enters or leaves the court.  This is similar to a general 'contempt' of court (which also encompasses disrespect or disobedience to procedures of the court), but is meant to be an even more specific 'disrespectful behaviour' law.

…..ie one can now be found 'guilty' of the sole  specified crime of  'dishonour'

…..and someone was being tried for this exact crime, and it got into the news.

This might sound strange to a Westerner's ears but it is the 'norm' in our part of the world ….at least culturally.  Cultural 'wrong' is to 'dishonour'.

And in fact, it is Biblical.  Romans 1:21 tells us that God's verdict on why we are to be condemned in our sin is that we have failed to honour God as God….ie we are guilty of dishonouring God.

We have spoken before on this blog about how, sin is at its core, dishonour.  Sin against God is dishonouring God.

This is not some new idea about what sin is, dreamt up by anthropologists, missiologists or modern theologians.  This is rooted in Genesis, confirmed in Romans and preached down through the ages (see my guest blog post at honorshame.com)

In the Courts

But an article on the Australian ABC news website, that was highlighting this new Australian law and the current case involving it, did make some very interesting statements, which reveal the 'disquiet' that such a law has created in Australia, as my home country unwittingly tries to navigate both a sliding shift from guilt dominance to a growing shame/honour influence, and a change in social honour codes.

This case is even more complicated because the accused being tried for this crime, as highlighted in the article, is a Muslim woman who is prepared to submit to a religious 'honour code'  that she believes is higher than the state honour-code, and says she won't 'stand' up when a Judge enters a courtroom because she won't 'stand' for anyone except Allah.

Interestingly the article also said:

- "The law reflects our community's expectation that everyone who comes before a court show respect for the judge and the court.

This law is about reflecting community honour expectations.  God's law of honour, however,  sets standards that reflect His expectations for us as His creation and as His children. 

I see Australia trying to move toward acknowledging and managing shame and honour dynamics in a greater way, but doing it through their pre-existing framework by enacting an increasing number of human 'laws'.  

It is certainly an interesting era, of 'legalising' honour.  We are beginning to recognise honour in greater ways but still trying to fit it into  the 'legal' box.   

I wonder whether this is because as we have promoted individualism, self-love and that we are our own 'authority' (no-one else can tell us what to do) so much that we have moved away from a proper sense of valuing others, unless we are forced to by the 'letter of the law'.  We are very aware when 'self' has not been honoured as we think it should, but this has led to a lessening of being aware of how 'others' should be properly honoured with due consideration and care.  It can also be a means of religious persecution without it seeming overtly to be so - whether its a Muslim woman, or in another context, a Christian who wants to do 'differently from community expectation'.  So a law is made to 'force' people to honour.

In the Workplace

Similarly, another news article  talked about the need to enact another law, this time to make sure workplaces don't insist employees have to work a full day if there is a heatwave.  Instead of a boss having the consideration to let his staff go early or not have to work outdoors in a heatwave and honour his staff in that way, his own self-interests of getting the job done or making money, over-rule, and so he insists on the letter the law to force people to work.  So society plays its own game and enacts another law to obey to the letter - one which says you have to consider (honour) your employees health and well-being in the midst of  heat-wave to force the boss to allow his employees not to work.

This is a sad indictment on the state of our society when the 'common courtesy and consideration for others' has to such a degree have to have a law made to force people to do it.

When many rules/laws are put in place to give greater and greater definition to the greater 'law of honour', the natural tendency is for us to hide behind the law and not take the time to process and apply the greater principle.

When we lose sight of God's law and put man's laws and wisdom in its place, the law that was meant to be a guide becomes a noose. (sadly we then head toward the danger of wanting to reject all law, and become a law unto ourselves).

The 'law of honour' must not be about forever making honour into more and more laws of finer and finer detail like the Pharisees.  Rather it is meant to enable us to live honourably even when there is no specific law about a matter.  As we honour God we should want to honour others - as we love God we should want to love others.  We should not need a specific 'law' enacted before we feel compelled or required to treat others with love and respect.

In all Circumstances

No matter what 'laws' our earthly authorities enact about honour, our greater honour should always be to Christ and his law (Galatians 6:2)…..

...enabling us to give greater honour to our God who created this world and provided our salvation, than any honour we give any society or human institution, whatever that involves….

…and enabling us to often give greater honour in society when others try to evade the honour of their fellow-man, so we will become even more truly loving citizens, neighbours, friends and workers.