The Doctrine of Necessity

Posted on October 21, 2007
Filed Under >Saleem S. Rizvi, Law & Justice, Society
23 Comments
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by Saleem Rizvi
No matter how powerful and compelling the arguments may be, in the face of a predetermined and/or preconcluded decision, the outcome would remain the same; the outrageous slaughter of justice at the hands of its guardians. The notion of letting the strongest decide who shall survive raises many problems. Instead of using legal jargon, I thought a literary touch to this discussion may help enlighten souls better. The moral of the story implicitly covers the ongoing off-going deal making discussions between Benazir and Musharraf and its possible potential outcome. Consider the treatment of the problem offered by Don Marquis in Archy and Mehitabel 40-42 (1973):

A Spider and a Fly
I heard a spider and a fly arguing.
“wait” said the fly “do not eat me. I serve a great purpose in the world”
“you will have to show me” said the spider

“I scurry around gutters and sewers and garbage cans, said the fly and gather up the germs of typhoid influenza and pneumonia on my feet and wings then I carry these germs into the household of men and give them diseases all the people who have lived the right sort of life recover from the diseases and the old soaks who have weakened their systems with liquor and iniquity succumb it is my mission to help rid the world of these wicked persons I am a vessel of righteousness scattering seeds of justice and serving the noblest uses.”

“It is true” said the spider, “you are more useful in a plodding material sort of way than i am but I do not serve the utilitarian deities. I serve the Gods of beauty. Look at the gossamer webs. I weave they float in the sun like filaments of song if you get what i mean. I do not work at anything. I play all the time. I am busy with the stuff of enchantment and the materials of fairyland. My works transcend utility. I am the artist a Creator and a demi God. It is ridiculous to suppose that I should be denied the food I need in order to continue to create beauty. I tell you plainly mister fly it is all damned nonsense for that food to rear up on its hind legs and say it should not be eaten.”

“You have convinced me” said the fly, “Say no more” and shutting all his eyes he prepared himself of dinner and yet he said “I could have made out a case for myself too if I had had a better line of talk.”

“Of course you could have” said the spider clutching a sirloin from him, “but the end would have been just the same if neither of us had spoken at all.”

I am afraid that what the spider said is true and it gives me to think furiously upon the futility of literature.

23 responses to “The Doctrine of Necessity”

  1. Watan Aziz says:

    Crl.P.325/2008
    (Bail Matters / Before Arrest) (SJ)
    Muhammad Akbar & others Vs. The State
    Mr. Ejaz Muhammad Khan
    Sh. Muhammad Naeem

    This matter is before the Court presently. And it is about another crazy judicial device used in Pakistan by the rich and the powerful, unless they have some reall hell to pay.

    The device, “bail before arrest”.

    A pocket veto that the rich and the powerful acquire so that they even do not even get to “get arrested”.

    The judicary in Pakistan has knowingly allowed this device and other relics of the past era to manipulate the outcome. The purpose, to deny justice, to deny justice to deny justice.

    Did I say it enough times?

    Not enough!

  2. Watan Aziz says:

    The son of doctrine of necessity is

  3. ayesha sajid says:

    Doctrine of necessity …. Javed Hashmi meets Benazir !!

    The two rival factions come together to fight a common war ?? or to consolidate power to topple the regime ??

    and when and if they do so , what then ??
    will they start the fight over the remains of the war ??

    Necessity is the mother of all inventions , what will they come up with this time ??
    More bank balances , more money flying out of the country , more properties abroad ??

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