Thursday, 29 November 2007

Case Law

Proceedings of the Court of Decency

Session 2006/07 CoD 14

European Thuggery vs. European Fascism

A noteworthy test case for all students of Decent law, Thuggery vs. Fascism is the benchmark for assigning culpability following acts of mob racism and violence.

The court considered two instances of football-related civil disorder. In the first, French football fans racially abused then physically attacked an Israeli supporter - in the second, Israeli football fans disrupted a "minute's silence" for an assassinated former Prime Minister with racist chants.

Justice Zitver, presiding, overruled previous legal precedents requiring all acts of racist hatred to be judged by the same standard, creating a new two-tier hierarchy of prejudice. This new legal test, Israelum Accuso Non Potest, allows for the precise allocation of culpability.

In the first case, Justice Zitver held the nation of France responsible for the racist behaviour of a small group of French football supporters.

In the second, he held the continent of Europe responsible for the racist behaviour of over ten thousand Israeli football supporters.

Case closed, all costs to be paid by France.

- The judgement is notable for its refusal to adhere to the principle that "what's sauce for the goose is sauce for the gander". In effect, Justice Zitver's ruling deliberately exempted the inhabitants of one nation from culpability for their actions.

While this proved controversial, it is entirely consistent with his previous rulings on the use of indiscriminate violence, collective punishment and human rights abuses, thus conforming with the principles of Decent law.

Full text of the judgements can be read here and here.

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