It may not be illegal, but does that make it right?
Last Friday while the temperature was punching forty degrees, Twitter caught on fire. A TV channel was publicising a story for their 6pm news bulletin. It featured a photograph of two women sun bathing in Gippsland, in a graveyard – on the graves. The image was polarising.
Some said these women were doing nothing wrong. They were not partying or posing. It was a peaceful January day and nobody was being harmed by their actions. These two had every right to lie in the sun wherever t
hey wanted.
Others said these women were committing a very selfish act. They were narcissists. It was a peaceful January day and by lying on somebody’s grave, the women were exhibiting an uncaring and unthinking attitude. Their actions suggested that they did not care about the families or friends of the deceased.
Most Twitter discussions do not lead to consensus and this one was no exception. But the were a few points that everybody could agree on;
· They had made a choice to do this.
· They knew this behaviour was outside the norm.
· Grave bathing is not breaking any law.
As the discussion continued it was revealed that neither woman was related to those resting below. They had not sought permission from the families before they took the decision to lie in bikini’s on the graves. With these facts in mind, this choice demonstrates an undeniable sense of entitlement.
I can only imagine how I would feel if I discovered people were sunbathing on the graves of my own family. It’s hard to see how this kind of act is justified. It’s hard to see how this kind of act could be stopped. Do we really need another Law to prevent Grave Bathing?
Are we really now living in a society now that demands Legislation to enforce community standards?
When an action is not “illegal” we make a judgement call. We base our choice on our own sense of ethics, morality and natural justice.
In the week before Christmas the Local Government Investigations and Compliance Inspectorate released their “Greater Geelong City Council Community Priorities Scheme Investigation” report. This was the investigation into Councillor Ward Funding. The document reports that our Councillors were given three sets of independent legal advice, that each stated that the scheme was not “illegal” but…
“…there was significant “reputational risk” to Council by perpetuating the Scheme, as there was a lack of a structured governance process and… the decision making of councillors could also be called into question, which could lead to a suggestion of “pork barrelling”.
They continued with the scheme because it was not deemed to be breaking the law. The Grave Bathers were not breaking the law and so they sunned themselves. What ever happened to respect? Where have we put our integrity? John D Rockefeller famously said:
“Every right implies a responsibility; Every opportunity, an obligation, Every possession, a duty.”
When he died he was the richest man in the world. He had made his money from oil and from this wealth he developed the template for American philanthropy. He created opportunities for a society to develop, create medical advances and artistic vision. His model suggests that we must follow the law, but we must also follow our human instinct to help and respect each other.
Legislation should be the last resort. Common sense, natural justice and a solid understanding of transparency and ethics should guide the decisions of our leaders and our neighbours alike.
The moral of the story is simple. In order to exercise your right to sunbathe on a grave, you could at least meet your responsibility first. Obtain permission from the next of kin or the community who will be affected by your actions.
If we justify behaviour by saying; “we’re not breaking the law”, then what has become of our community today, and what example are we setting the young people in the society of tomorrow?
THE MUELLER NAME 
Ross, this article highlights a really interesting point. The dichotomy between the freedoms we have, the laws that moderate those freedoms and the cries of the nanny state. People complain that we are over governed yet cant use basic judgement to know that something that might not be illegal is still not the correct way to behave. We can have freedom of choice or we can have laws dictating behaviours. The grave sunbathers and the councillors are pushing the boundaries and are going to cause more laws to be introduced that will curtail our freedoms.