Category: Law

Some thoughts on a journey to The Hague

A recurring subject within nationalism is the possibility of bringing a case for the genocide of peoples of European descent by coercive replacement before the International Criminal Court.  The attractions of doing so are very great.  If it were to be successful even in relation to one of our peoples, governments in the West would be forced to develop demographic policies incorporating protective measures for all, or face legal challenge themselves.  Not only would new immigration without thought for the security of our existence have to come to an end, but the population mechanics of generational replacement would have to be addressed.  And for that, large-scale programmes of repatriation would have to be instituted.

Further, the post-colonial economic model of the West, built on debt payable out of growth in GDP consequent upon population increase, would have to be substantially amended.  The debt model itself would be open to question in a new way, and the lineaments of a new and free life for European men and women might be glimpsed.

Even if European governments contrived to win the judgement, the demographic crisis of the West will have been aired in the most public and intellectually respectable way, challenging the great embargo on speaking racially.  Political correctness, anti-racism, and the legal war on discrimination will, for the first time, have been accurately cast as strategies of coercion.  The nationalist worldview will have slipped its bonds.  The gateway to free speech and participation in public discourse will stand open.

That is the theory, anyway.

Continued...

Posted by Guessedworker on Saturday, March 23, 2013 at 07:39 PM in Law,  White Genocide: Europe
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Trials or political trials?

Anders Behring Breivik appeared before the Oslo City Court today.  He was remanded by District Court Judge Thorkell Nesheim for a further twelve weeks, for the first four of which he will continue to be disallowed newspapers or television, and for eight weeks he will be prohibited visits.

The police had sought tougher conditions, including a twelve week ban on letters (of which he has been receiving many, including some which are threatening).

The Daily Telegraph reported:

Anne Leer, a journalist in court, said Breivik looked his victims straight in the eye when he entered the court.

“I am a military commander in the Norwegian resistance movement and Knights Templar Norway,” Breivik said in a low and controlled voice. “Regarding the competence (of the court), I object to it because you received your mandate from organisations that support hate ideology (and) because it supports multiculturalism.”

It is still not established that Breivik can be held criminally responsible for the bombing in Oslo and the massacre at the Labour Youth League summer camp on Utøya.  If a psychiatric examination confirms that, his trial should begin on April 16.

The police investigation, meanwhile is scheduled to conclude in February.  No evidence of accomplices has been found.  The principle line of investigation, however, is into the question of radicalisation.  The police are interested in what happened in the period from 2002, when Breivik was “knighted”, to 2009, when he started planning the bombing.

Now, this assumption that the forms of dissent Breivik encountered are “radicalising” is very liberal-centric.  Breivik made the point in court that he admits his actions but does not take responsibility for them, that responsibility belonging to the elites who have visited multiracialism and its attendant “hate ideology” on Norway and Norwegians.  What, after all, could be more radical than the race-replacement of a European people with Africans and Asians - a process driven by a morally insular and socially insulated elite whose own familial future consists, apparently, in training their children to carry on their “work”?

Without this unparalleled extremism in Norwegian political life, Breivik would never have conceived the balancing idea that the elites were at war with Norway, that they saw the heirs to the cause in their own children, that the terrible costs they incurred on Norwegians were not paid by them, and bringing those costs home in the most brutal and absolute way was the logical response.

Obviously, the police are not going to stray from their liberal-centric mentality.  So they will look determinedly at Breivik’s online life and at his travels aboad for the mysterious “radicalisation”, making him a victim of some evil “out there” rather than the self-actualised historical fulcrum which he imagines himself to be.

Meanwhile in London the latest twist in the story of Stephen Lawrence has finally come before Mr Justice Treacy at the Old Bailey.  We now await details of the new forensic evidence which, it seems, places David Norris and Garry Dobson at the scene of the crime in 1993.  ITV News mentioned that the defence rejects this evidence vigorously, which makes one wonder whether it is as robust as the race industry would like.

And that, really, is what this trial is about now: the blind, implacable will of the race industry to finally justify all the millions of words written and spoken in the anti-white war it has generated over this death.  Norris and Dobson are doubtless not the most appealing white men one might meet, and the Metropolitan Police were a dubious bunch before the anti-racist disease ever caught hold.  But on to these slender foundations the moral worth of the English people was somehow manoeuvred, along with the proposition that only a repentance from our “racism” and a committment to “diversity” would make us fit for the modern age.

Frankly, I hope the new evidence is very weak, cross-contamination all too likely, and the jury are unable to convict.

Posted by Guessedworker on Monday, November 14, 2011 at 08:25 PM in Anti-racism and white genocide,  Law
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Ideological Judges

by David Hamilton
                               
The contribution of the British judiciary to the attack on our people and way of life has two main planks: undermining us through the culture and promoting Muslim extremism.  Here are some of the judges and the judgements that have made the law an instrument in the war against our culture, traditions and mores.

Lady Hale, Britain’s first female law lord announced at a press conference, of all things, that she supported gay adoption, the legal recognition gay partnerships, enhanced legal rights for heterosexuals who cohabit, and the removal of fault from divorce law.  This is an ideological statement and shows that there will be no impartiality if this aspect of “the Culture Wars” comes about.  She has said beforehand that she is prejudiced against traditional values and will take sides in any case.

Lord Judge’s predecessor, Lord Bingham, expressed support for the totalitarian concept of group rights when he described the Human Rights Convention as existing to protect minorities.  It is, he said:

“intrinsically counter-majoritarian ... [it] should provoke howls of criticism by politicians and the mass media. They generally reflect majority opinion.”

Well, I don’t know about that, but he was admitting that he is a radical who is against us.  For him, we the majority are always wrong but the minorities never are.

In 1999, the law lords ruled that homosexual tenants should have the same rights under the Rent Acts as married couples and blood relatives.  Promoter of Sharia, Dame Elizabeth Butler-Sloss had remarked that it was acceptable for homosexual couples to adopt.  She was a leading family judge.  Lord Bingham, in answering a question, responded that the law needed to “keep in touch with changing social attitudes.”  In one case heard in his court Lord Slynn attacked the traditional family. His opinion that “family” need mean neither marriage nor blood relationship shows beyond any doubt that the judiciary is seeking to reform families for the New Utopia.

The Court of Appeal ruled that Gypsy families who had encamped on land they bought in Chichester against local planning law must be allowed to stay because human rights law conferred “the right to family life.”  This put Gypsy camps throughout the country above the law we are required to obey.  That was a court legally encouraging law breaking.

Human rights law is the reforming judiciary’s principal weapon.  The Gender Recognition Act brought Britain into line with a ruling by the European Court of Rights which legitimises the propostrous idea that a transsexual can retrospectively say that gender at birth was what he/she now claimed it was and agreed by a panel of experts. What this contortion of logic means is that they were not born what they were born but what they now say they were born.  Therefore their birth certificate is now deemed a lie!

Continued...

Posted by Guest Blogger on Thursday, August 13, 2009 at 05:49 PM in Law
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Judge throws Toben extradition case out of court

From the Daily Mail:-

District Judge Daphne Wickham ruled the warrant invalid today at the City of Westminster Magistrates’ Court in London, saying it contained inadequate detail about the offences.  It neither states the name of the website nor where the propaganda is said to have been published from - only referring to the ‘world-wide internet’.

After discharging Toben, Judge Wickham granted him bail pending an appeal after imposing strict conditions which include a £100,000 security.  Other conditions include residence at an approved address, written confirmation from the Australian High Commission of which passports he holds, and not to access the internet.  He is also banned from giving press interviews.

Judge Wickham added that she had not been required to decide at this stage whether the alleged crimes were valid extradition offences.

Grey wavy-haired Toben, smartly dressed in a suit, appeared pleased on hearing the judge’s decision from the glass-fronted dock at City of Westminster Magistrates’ Court.  The public gallery was packed with supporters of Toben.

So Dr Toben has been returned to his cell, pending his meeting the bail conditions and appeal by the German authorities.  Round one in this particular fight against the globalisation of Jewish justice is in the bag.

But the appellant will certainly now review the grounds for dismissal and the prospects for modifying their warrant.  It is interesting that, initially at least, they were so shy about making too much of the Adelaide Institute.  They are attempting to create a very wide legal precedent, whereby it’s not just that the accused can be extradited for an offense committed in Britain which exists only under German law, but he or she - we should never forget the splendid Sylvia Stolz - can be extradited by the British courts for an offence committed anywhere which exists only in German law.

If my memory serves me right, this might have been much more straightforward for the German authorities had the Lisbon Treaty not been sidelined by the Irish “No” vote, and had the British government not secured an opt-out - I think - from the extradition provisions in the Treaty.  In that sense, then, the Germans really are trying their luck.  I suspect they know they are not going to win, and they will not appeal.  Unless, of course, there is so much malice, they will do it anyway just to punish Toben.

But the final outcome should be clear to them.  Without the defining elements of the Lisbon Treaty in place, and since the British courts do not promiscuously extradite people just anywhere for an offence which does not exist under British statute, an appeal must fail.  Otherwise, it would open up the chaotic possibility that states with legal codes completely different to ours - Sharia, for instance - could similarly try their luck. That’s a direction the court could never take.

And all this before any consideration of the court’s duty to uphold freedom of expression!

Posted by Guessedworker on Thursday, October 30, 2008 at 04:47 AM in Law
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More Saint Stephenism on the way

The loss of a future leading architect and a light for peace and humanity everywhere can never be brought to our attention enough, obviously.

Yes, Stephen Lawrence, the anti-racism industry’s one-man Holocaust, is back in the news.  And the Metropolitan Police Service, aided by LGC Forensics, the pioneers of Low Copy Number DNA manipulation, are promising an exciting new round of liberal self-flagellation, English guilt by association, and monkey shit-throwing of all kinds:-

New DNA ‘will nail’ Stephen Lawrence suspects

Scotland Yard detectives investigating the racist murder of Stephen Lawrence 15 years ago believe they have uncovered enough new evidence to charge the key suspects with his murder for a second time.

Senior officers are saying for the first time they are confident that new DNA and other forensic evidence, missed in the original investigation in 1993, will enable the five original suspects to be tried for Lawrence’s murder.

It was disclosed in November that police had found fibres linking the suspects to the murder scene. Now the scientists have disclosed they are focusing on a fresh analysis of samples of paint, fibres and DNA – in blood and saliva – recovered from the murder scene and suspects’ homes.

... A retrial is permitted because the government repealed the so-called “double jeopardy” law in 2005, which had prevented a person from being tried twice for the same crime. A senior team of scientists at LGC Forensics, a firm in southwest London, has been working on the Lawrence case for more than a year.

Last November it emerged that fibres and possible DNA samples contained in clothing belonging to some of the suspects were being reexamined by the Met. Further evidence including DNA and granules of paint, missed in earlier police investigations, is now being examined.

Helen Newman, a spokesman for LGC Forensics, said: “It is true that things have been missed in the past. [Now] we are using different strategies. Previous investigations went down a slightly different route. I can tell you we are looking at DNA and fibres but we are also looking at other evidence such as chemistry and paint.”

You know how these things go.  Five years on, a judge allows the appeal of those convicted on the grounds of fresh doubts about the forensic evidence.  Too too sensationally, it is successful.  And to the unbearable chagrin of the race hucksters and associated Stephen canonisers, the five untermenschen walk free.  The Met lets it be known that it is not seeking anyone else in connection with the martyrdom.  The freed men’s lawsuit against the Home Office is thrown out by a liberal judge.  Things rumble on much as they always did, except more English people tire of the very mention of St Stephen, and a politically-aware few even begin to get the point of the whole thing.

Posted by Guessedworker on Sunday, February 24, 2008 at 11:51 AM in Law
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Duke legal scandal gets MSM attention

The Economist writes:

Meanwhile, in North Carolina, a more consequential racially-charged dispute ended this week. The state attorney-general exonerated three white lacrosse players at Duke University who had been accused a year ago of raping and assaulting a black stripper at a party. The media and much of the Duke arts faculty had trumpeted the case as an example of how wealthy white men abuse their power over poor black women. But the accuser kept changing her story. DNA evidence appeared to clear the three, and one had a solid alibi. The prosecutor who initially pursued the lacrosse players, who was then up for election, is now facing disciplinary proceedings. Mr Jackson, who had offered to pay the accuser’s college fees, said he hoped the saga would end “with the minimum amount of damage”.

Posted by Alex Zeka on Tuesday, April 17, 2007 at 01:11 PM in Law
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The Duke no-rape Lynching

Here‘s William Anderson on the Duke no-rape, Black-on-White lynching case:

Last spring, shortly after the Duke non-rape case exploded across the country, New York Times columnist Nicholas Kristoff warned readers not to jump to judgments, something that shocked the leftist readership of the paper – as well as some of the reporters, who were busily calling the Duke lacrosse players rapists. This case, Kristoff wrote, struck him more as a potential “Scottsboro Boys” situation than a bona fide rape. Indeed, the analogy fits much more than one might realize.

In this article, I revisit the Scottsboro Boys case – recognized today as one of the great travesties in American jurisprudence – and show how it has many parallels to the false charges of rape and kidnapping against Reade Seligmann, Collin Finnerty, and David Evans. Americans today might claim to be more sophisticated than the racist mobs of Scottsboro in 1931, but if what is happening in Durham is typical of our judicial system, then I think that perhaps we have gone backward in the past seven decades. As I hope to show, instead of progressing in the area of actual justice, it seems that the judicial system in the United States – and especially North Carolina – has come full circle.

One wonders what sort of standards of justice whites can expect in a future Multiculti state, in which they have been reduced to a minority. Will a Libervention be necessary? And from whence will it come, once Condi Rice and Paul Wolfowitz will be happily retired in the nation that they helped make into a mirror image of Black-Apartheid South Africa.

Posted by Alex Zeka on Thursday, December 14, 2006 at 02:29 PM in Law
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A trial of two cities

One city is Leeds, where prosecutor Rodney Jameson QC told the Crown Court that Nick Griffin had said:-

This wicked, vicious faith has expanded from a handful of cranky lunatics about 1300 years ago.

And if you read that book (the Koran), you’ll find that that’s what they want.

The other city is London, where prosecutor David Perry QC told the Old Bailey that Mizanur Rahman had said:-

Oh Allah, we want to see another 9/11 in Iraq, in Denmark, in Spain, in France ... all over Europe. Oh Allah, destroy all of them.

... The Mujahideen will destroy them and their freedom in Iraq and Afghanistan, in Falluja and in Baghdad.

We don’t want to see them in Baghdad, in Iraq any more.  We want to see them coming home in body bags, we want to see their blood running in the streets of Baghdad, we want to see their blood running in Fallujah.

We want to see the Mujahideen shoot down their planes the way we shoot down birds.  We want to see their tanks burn in the way we burn their flags.

Well, no doubt one Muslim a faith does not make.  But in the absence of a clear poll of naive Moslem opinion (ie not tailored for consumption by the kufrs) ... in the absence of knowing how many “British” Moslems want Coalition Forces defeated in Iraq and Afghanistan, how many in their hearts root for the “Mujahideen”, how many greet the home-coming dead, the flaming tanks, the shot-down aircraft with thanks to Allah or at least with indifference ... in the absence of all this how can one conclude beyond a reasonable doubt that Mizanur Rahman is at odds with his co-religionists.  Or that Griffin was wrong?

If Griffin is found guilty it will not only be because the liberal Establishment desires it so but because, in our secular humanitarian fog, we assume that the Moslem mind is much like our own.  We assume that religion to Moslems must be as religion is to us, though we make no allowance for their mean IQ, their general temperament, their mores, their social and racial histories.

Simple-minded humanitarian presumptions are not proof.  They are prejudice.  But under British law they are not enough.  The burden of proof, not presumption, rests with the prosecution.

Griffin’s silk should have demanded that to prove his client guilty the prosecution must prove Islam pacific.  He must prove that there is insufficient wickedness and viciousness along its bloody borders to render Griffin’s statement untrue, and therefore truly nothing but incitement to racial hatred.

(Yes, I know by heart the meme that truth is no defence against the slippery charge of “using words and behaviour likely to incite racial hatred”.  But this stratagem is about proving Islam as it is practised by ordinary Moslems is not as described by Griffin.  Only the presumption of innocence attaches to him, which means that to remain within the law when he gave that speech at the Reservoir Tavern Griffin would have had to knowingly lied, on which basis no jury would convict.)

Posted by Guessedworker on Friday, November 3, 2006 at 05:05 PM in Law
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Another state, Michigan, is challenging affirmative action.

Jennifer Gratz sued the University of Michigan in 1997 for discrimination because she could not attend the university, because preferences were given to minorities. In 2003 the U.S. Supreme Court ruled in the case that satisfied no one. The university could take race into consideration for the purpose of diversity but could not use rigid formulas to do so.

Since then, Gratz has been active lecturing on the unfairness of affirmative action, and now the public will vote on Proposal 2 on November 7. It will amend the State Constitution to “outlaw consideration of race and gender in deciding which applicants get into college, who receives government jobs and what businesses secure state and local contracts.” As of today it is a tight race.

Continued...

Posted by Matt Nuenke on Friday, October 27, 2006 at 07:39 AM in Law
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The Law and Miss Constance

Vibrancy has truly ascended to the highest reaches of public service in England ... the judiciary.  Constance Briscoe was our first female black Court Recorder (ie someone who works as a part-time judge in the crown and county courts), so a certain interest from the press was to be expected.  One might also expect that a wise head would reflect upon that, consider her responsibilities to the Crown and choose caution in all things.

But nope.  Not for Constance the grey, parchment-dry pursuits of the legal soul.  She desperately wants the world to know she is a tenacious spirit overcoming adversity.  And a successful mother.  And the main woman.

So she wrote “Ugly”.

Now, perceptive readers will guess straight away that this ain’t no legal opus.  Rather, it is a harrowing tale of abused childhood, attempted suicide, courage and what-not, arriving at a triumphant crescendo of something or other.  Lots of sistas bought it - “bought it” being the operative phrase according to some of the Amazon reviews.

One would think that a judge, for pity’s sake, would know about little things like libel trials.  Expensive.  Risky.  To be avoided at all costs.  But England’s first female black Court Recorder apparently did not consider any such possibility, and now she and her publishers, Hodder & Stoughton, are being sued by her alleged childhood tormentor - her mother - in an attempt to clear the family name.

Continued...

Posted by Guessedworker on Monday, September 18, 2006 at 04:28 AM in Law
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Anarcho-tyranny in the Unhinged Kingdom

Casualties of the self-defence laws

“The people shouldn’t fear the government. The government should fear the people” goes the oft-quoted libertarian motto. Whilst there is some truth to this, in saying this we should not forget that it is even more crucial to a free and ordered society that something other than the government should fear the people: the criminal class.

Once, this was virtually an axiom in the West-Northern Europe countries which pioneered modern constitutional government. The Anglo-Saxon tradition of Common Law had, as one of its most basic assumptions, the principle that each man has the right and duty to take measures to protect himself, his property, family and the wider community from anti-social and dangerous individuals. Weapon rights were sacred, men were men, women were unmolested and social deviants and vagabonds were scared.

In the modern day, quite the opposite can be assumed. I need only mention the case of Tony Martin, a farmer whose farm was invaded and vandalised frequently by several common hooligans. One night, fearing for his life and wishing to defend his land, he fired at his nocturnal invaders, scaring them off and fatally wounding one of them. He was sentenced to five years in prison (the surviving hooligan got only two), where once he would have been applauded for standing up to bullying criminal low-lives.

We might also consider the more recent case of Mr. Kirby, on which I have already commented. He assaulted a thug when the latter was harassing a lady on the tube. The conductor, deaf to both the lady’s and Mr. Kirby’s earlier pleas for help, was only too willing to listen to the siren wail of the poor,

depraved

deprived harassers. He ended up getting community service and having to pay the lout £1000 to assuage his hurt feelings.

If we can detect a common strand, it would have to be that in both cases the original perpetrators of a crime were punished less severely (if at all) than those acting in legitimate self-defence. Both Tony Martin and Mr. Kirby had good reason to fear either for their own life or for the well-being of another innocent. Both the ‘victims’ were thugs and criminals who were attempting to commit some injustice. What is the point of all the West’s much-touted rights to life and liberty if we are denied the means to protect these?

Anti-self-defence laws are a suicide pact, made by those who won’t have to commit suicide for those who will.

Continued...

Posted by Alex Zeka on Thursday, August 24, 2006 at 03:04 PM in British Politics,  Law,  Marxism & Culture War,  Oh Tempora, Oh Mores
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Senate ratification of cybercrime treaty

One matter that really should not go unreported on this page is last week’s Senate ratification of the Council of Europe’s Budapest Convention on Cybercrime.  Due to pressure on time I have only had the briefest look through the original Convention.  It has no direct reference to “hate speech”.  But under its common provisions it appears to provide a catch-all of “other criminal offences committed by means of a computer system” (Article 14 – Scope of procedural provisions, 2b).

Legal opinion, anyone?

Posted by Guessedworker on Saturday, August 19, 2006 at 05:35 AM in Law
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Chivalry in a chivalry-less world

It must be hard being a feminist. You preach about the equality of the sexes (sorry, genders). You give lectures explaining in great depth the oppressive nature of marriage and courtship. You heckle happily married neighbours into admitting that they’re “socially unfulfilled”. You take part in group readings of Virginia Woolf. And at the end of it all, some bloke with a belt comes along and upsets the whole (progressive, gender-free) applecart:

A man caught on camera trying to throttle a teenage train passenger has claimed he was defending a woman who was being taunted by a gang.

CCTV footage captured Greg Kirby, 26, looping a belt around the 17-year-old as the boy’s horrified friends looked on.

Kirby, an IT worker who has had no previous convictions, spoke out after he admitted affray and assault causing actual bodly harm at Portsmouth Crown Court yesterday.

Continued...

Posted by Alex Zeka on Thursday, July 27, 2006 at 02:37 PM in Feminism,  Law,  Law & Order,  Marxism & Culture War
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Ninth Circuit Court strikes again!

http://www.amren.com/mtnews/archives/2006/07/gag_order.php

Talk about yer commies.  One hopes the Supremes will give this the smackdown.

Posted by Svyatoslav Igorevich on Wednesday, July 19, 2006 at 07:23 PM in Law
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Gun Control

A bit of good news:

Senate votes to bar emergency gun confiscation

Posted by Svyatoslav Igorevich on Saturday, July 15, 2006 at 08:49 PM in Law
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British law and the Malteser that melted

... in tears, as it happens.

As a result:-

A branch of one of the world’s biggest banks has been found guilty of racism after a senior member of staff told a colleague she would be voting for Robert Kilroy-Silk at the last general election because she said he promised to “get rid of the foreigners”.

The remark was overheard by another employee, who sued the bank, HSBC, for race discrimination. Ruby Schembri, 35, a Maltese national, reported the remark. This week an employment tribunal ruled the remark could be construed as racist and ordered HSBC and the supervisor to pay compensation.  The case is one of the first to find that a comment not directly made to another person can constitute racism.

This exciting, go-ahead development in the great fight for individual liberty means that criticism of immigration is steadily becoming impossible in the British workplace.  You may perhaps consider such an affront to grown-up living came about only through the wilfull exploitation of some pretty disingenuous behaviour, to whit:-

Ms Schembri added: “I found Debbie’s racist comment to be offensive and very hurtful.  I left the room and was on the counter.  I began to cry.”

But moral fibre has no place in the modern British courts.  And it sure can’t when self-professed race lawyers and victimology artists boast about “Fearless & Innovative Litigation” and about winning “the largest race claim in the history of the UK”, all via “affordable representation, whatever the actual cost to our firm”.

Oh for the days when an employer could turn around and say, “Look, sweetheart, if you can’t handle that you’d better find yourself somewhere else to work”.  This one, I should add, felt obliged to send the benighted Kilroy-Silk supporter to race awareness classes.

Of course, as an MRer I believe we should all be made fully aware of race.  But I doubt if that was quite the intention in this lady’s case.

Posted by Guessedworker on Friday, July 14, 2006 at 06:53 AM in Law
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Mo. Supreme Court Throws Out Murder Conviction Of Pine Lawn Man; Cites Racial Makeup Of Jury

Mo. Supreme Court Throws Out Murder Conviction Of Pine Lawn Man; Cites Racial Makeup Of Jury

The Missouri Supreme Court orders a new trial for a man sentenced to death for a street killing near St. Louis.

The court says prosecutors wrongly tossed potential jurors because of their race.

Posted by Svyatoslav Igorevich on Tuesday, May 16, 2006 at 07:38 PM in Law
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Five Jailed for Race Hate Crimes

Full story here. The application of laws under New Labour makes for an interesting case study. Muslim mullahs who have preached murderous hatred for years in this country have received nothing but silent approval from the British establishment.

While no one should defend the actions of these misguided fools (assuming the allegations against them are true), the double standard in the application of laws in Britain is astonishing.

Posted by Phil Peterson on Friday, November 4, 2005 at 02:18 PM in Law
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Police told to treat Muslims differently

Feminism is not quite the force it once was here in Victoria. Still, it has a powerful friend in the Attorney-General, Rob Hulls.

Mr Hulls believes that there is an entrenched bias against women in the law and he has set about rectifying it. In particular he believes that an outmoded, misogynistic legal system has sheltered men who commit acts of domestic violence.

So he has enacted a variety of legal reforms, including giving police the immediate power to detain a man accused of domestic violence for six hours.

Given all this, it was a surprise to read the following in the Melbourne Herald Sun:

“Police are being advised to treat Muslim domestic violence cases differently out of respect for Islamic traditions and habits.

“Officers are also being urged to work with Muslim leaders, who will try to keep the families together.”

Continued...

Posted by Guest Blogger on Thursday, October 27, 2005 at 07:13 AM in Law
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Religious vilification case dismissed

The Australian State of Victoria seems to be unique so far in having laws that forbid religious vilification.  Britain however seems to be on the brink of following suit.  In 2004 a prosecution of two Christian pastors under the Victorian law held that even quoting the Koran was vilification of Muslims!  The idea of Islam as a self-condemning religion is certainly an interesting one but nonetheless seems an extraordinary basis for punishing non-Muslims.  That case, however, is still to go to appeal. See here for a full discussion of it.  In the meantime, another case under the same laws has been decided which gives some confidence that sanity has not entirely vanished from the Victorian legal system.  A “Wiccan” had claimed that the teaching of Christianity vilified him.  His case has just been summarily dismissed by the senior judge.  Below is an excerpt from a media report of the latest case.

Continued...

Posted by jonjayray on Thursday, August 4, 2005 at 06:07 AM in Law
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If at first you don’t succeed, reinterpret the law!

In 2003 a leader of a Swedish gay rights group, Susanna Gustafsson, decided to “have a pash” with her girlfriend in a Stockholm restaurant. The restaurant owner asked them to leave.

Continued...

Posted by Guest Blogger on Wednesday, April 27, 2005 at 07:02 AM in Law
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Justice Antonin Scalia on Constitutional Interpretation

There have been a lot of reasons why you could deny the vote, not only on the basis of sex, but also on the basis of property ownership. On the basis of literacy. It was never regarded as a denial of equal protection. And since it never was, it isn’t. That’s how they thought. Now you know that that wouldn’t happen today. You know that that issue today would be resolved in the Supreme Court. People would come to the court and would say, “The equal protection clause should mean this, and therefore it does meant that. Nevermind what it originally meant.”

The speech is laced with warnings about law’s abuse at the hands of activists. Some may find it interesting. Not sure how many Americans, let alone outsiders understand American constitutional arguments. (Though he briefly mentions the English system).

Video:

C-Span

,  look for “Justice Antonin Scalia on Constitutional Interpretation”.

Text

Posted by leslie on Tuesday, March 15, 2005 at 10:32 AM in Law
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Well done Cherie Booth QC

It can’t be often that the Prime Minister’s wife, otherwise known as Miss Cherie Booth QC, takes a hand in defending our culture.  But she did just that today before the civil division of the Court of Appeal.  She won the right for 16-year old Shabina Begum to wear the Jilbab - traditional head-to-toe Muslim dress - to school.

Continued...

Posted by Guessedworker on Wednesday, March 2, 2005 at 02:26 PM in Law
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Vilification laws to kill freedom of speech

Charges under such laws have now been thrown out in the USA and Sweden but there has been one conviction of a Christian pastor in the Australian State of Victoria—though only in a low level tribunal so far.  It has not yet gone to appeal.  But it does focus the minds of concerned Australians:

A raft of new legislation is being passed throughout the Western world. These laws are called by various names, such as vilification or tolerance or discrimination laws. Sometimes they are referred to as hate-crime legislation. Whatever their title, these laws are problematic for a number of reasons.

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Posted by jonjayray on Monday, February 21, 2005 at 06:45 PM in Law
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America steps back from the brink too

Both Sweden and America have now thrown out charges brought against Christian pastors who were preaching what the Bible says about homosexuality

“A judge dismissed charges on Thursday against four anti-gay Christians accused of violating hate crime laws when protesting at a gay street festival, saying free speech rights allowed them to do so.  Philadelphia Court of Common Pleas Judge Pamela Dembe said the four members of “Repent America” exercised their right to free speech when they refused to move away from the city’s gay pride “Outfest” last October.

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Posted by jonjayray on Thursday, February 17, 2005 at 09:22 PM in Law
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