On a visit to Mater Dei Hospital, I noticed that many hospital workers smoke outside but not in the closed smoking shelters they are supposed to use. Reasons could include the shelters being too crowded and claustrophobic or lack of seating.

I also sometimes watch Gozo ferry workers at their mooring tasks. Some workers ‘half wear’ their safety clothing, letting their reflecting sash drop to the side. Explanations could possibly include that the sash is uncomfortable or that it makes the wearer look silly. Perhaps they are sending the message that a tough man need not wear safety gear.

Contractors often carry construction debris in trucks covered by a tattered green fabric, thus cynically ‘almost’ obeying the letter of the law but not its spirit. Often, hoarding around building sites is covered in frayed and torn material, supposedly intended to protect nearby residents from dust but definitely not doing so effectively. Again, the law is seemingly obeyed but not quite. One reason could be to reduce costs but ‘half-challenging’ the regulations could be another motive.

Such ‘almost but not quite’ obedience of the rules is rampant in sectors ranging from the building industry to fireworks and hunting. Health and safety regulations and air/noise pollution laws are often partially, if not totally, disregarded. Weak enforcement often aids and abets such behaviour.

It is true that interpreting the law with excessive rigidity can be counterproductive but too much flexibility can be even more problematic as it may render it practically impossible to enforce the law.

In addition, behaviour not in line with the intent of the law, but which could technically be within the bounds of the rules, highly annoys law-abiding persons, not only because the behaviour itself is irritating but also because, often, perpetrators unfairly remain unpunished.

Can this practice of ‘almost’ disregard of the law be termed as ‘ostensible obedience’?

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