IN jurisprudence, a dissenting opinion has little use when it comes to establishing precedent-setting decisions. After all, what matters the most is how the Supreme Court, acting as a collegial body, rule on a question of law. In rare cases, the dissent becomes a majority whenever circumstances change. But it still takes the same court, not necessarily composed of the same justices, to reverse itself. In the same vein, corporate decisions done by the Board can only be reversed by another Board action, acting collectively. Governance rules dictate that such reversal must be done with an appropriate motion raised by a member, in the proper forum, and, of course, with the quorum as dictated by the corporate by-laws. The same rule applies in congressional bills. After three readings in a plenary session, Congress votes as a singular body and no amount of dissent can overrule the voice of the majority.
On the other hand, Army protocol hardly allows dissent. Decisions are not made by voting; majority rules do not apply. Whenever a commander decides on a course of action, everyone under him is expected to follow. In extreme cases, however, dissent can be justified if the order is patently unlawful or, as in the case of conscientious objections, the order is against one’s personal beliefs.
There have been people who went against the tide of the majority but whose impact changed the course of events in history. Those people who expressed dissent, in words or in deeds, against the system have been punished, some even by death. But in the end, their heroic deeds have been eventually rewarded, as in the case of devout Catholic Austrian Franz Jägerstätter who was executed in 1943 for openly refusing to serve in the Nazi Army but whose act of dying for his beliefs was eventually recognized by Pope Benedict XVI in 2007.
Another example is Rosa Parks, whose law-defying act inside a Montgomery bus in Alabama in the ’60s inevitably catalyzed the civil rights movement in America. During the Reformation period, Martin Luther’s dissenting work against the established Roman Catholic Church, Ninety-five theses influenced other groups to have complete reliance on Scripture and the belief that faith in Jesus is the only way for salvation rather than good works. And 35 years ago, a group of young Christians went against the norm and courageously proclaimed the Word of God to students at the University Belt in Recto Avenue that eventually led to the establishment of 100 Victory churches in the country.
Dissent is innate in all human beings. The late Sen. Benigno Aquino Jr. said that dissent is most despised when most needed. It takes courage to express a dissenting opinion, whether in a judicial decision, in a Board-deliberated action or in a congressional fiat. Understanding that not even the Chief Justice or the Chairman of the Board or the Speaker of the House can reverse such collegial decision, one must never be afraid to speak up. Of course, each of these leaders has much influence over the others. But a gentle and small voice can start the process to reverse what has been decided by the system. As I always tell my colleagues at work, the moment you become afraid of losing your job by speaking up, that’s the time you are no longer effective in what you do.
In the Bible, 2 Thessalonians 3:14-15 tells us, “Take note of those who refuse to obey what we say in this letter. Stay away from them so they will be ashamed. Don’t think of them as enemies, but warn them as you would a brother or sister.” We are all gifted with enough discernment to understand perspectives coming from different value systems, religious affiliations, culture and moral upbringing. Thus, dissenters must never be seen as enemies, especially when they express their opposition to the system in a gentle manner. The minority should always be encouraged to speak up but, at the same time, be reminded to be respectful as to how it delivers its voice against the majority. American novelist William Faulkner once said, “Never be afraid to raise your voice for honesty and truth, and compassion against injustice and lying and greed. If people all over the world…would do this, it would change the Earth.”
Franz Jägerstätter, Rosa Parks, Martin Luther, and those like them managed to modify the systems they were up against. I am confident that there are dissenters in every organization who can make a lasting and meaningful change in the status quo.
For questions and comments, please e-mail me at sbmison@gmail.com.