Accio 2005 press release: new Guest Speaker andTrial of Snape

[dumbledore11214]

No: HPFGUIDX 128241


Alla did some research:
Here is the definition of assault fron on line dictionary.  
<SNIP>
ASSAULT, crim. law. An assault is any unlawful attempt or offer 
with force or violence to do a corporal hurt to another, whether 
from malice or wantonness; for example, by striking at him or even 
holding up the fist at him in a threatening or insulting manner, or 
with other circumstances as denote at the time. an intention, 
coupled with a present ability, of actual violence against his 
person, as by pointing a weapon at him when he is within reach of 
it. 

> > 9. When the injury is actually inflicted, it amounts to a 
battery. 
(q.v.) 
 
I especially love the part "or even holding up the fist at him in a 
threatening or insulting manner".
 
Ginger asks:
Can't even threaten someone?  Does this apply to guys in a bar named 
Stanley who want to kiss your neck?
 
Alla, was this British law?  I sure hope so.  If not, any of you 
listees on probation should probably know that you are reading the 
writings of a criminal right now.
 
Seriously, my point was that law varies from country to country, and 
even within countries.  The WW has its own law, which I highly doubt 
criminalizes "threatening and insulting" behaviour.
<SNIP>


Alla:

Well, I will reply with the same thing I told Betsy - Snape is the 
one on trial, nobody else's, so if his behaviour counts as criminal, 
he should be punished for that. Maybe on next convention we will put 
you on trial . I am just kidding :-)

And no, it's not just threatening words ( mere words do not 
constitute assault either),it should be threat of FORCE, so the line 
could be thin.

It was Americal law, not British, but I am pretty sure that Snape 
will be punished under British one.

Quickofginger:
What I wonder is under which law Snape will be tried.  UK law?  WW 
law?  Scottish law?  The Court of Public Opinion?  That's a 
dangerous one.  No one could stand there.  

I have noticed (and I say this as an American who loves her country) 
that there are some (and a vocal group they are) from the US who try 
to force American thought on the WW.  Or should I say "PC thought" 
rather than "American" as not all of us are PC folks.

If Snape is to be tried, it would only be fair to try him under WW 
laws and customs.  To try him under the public opinions of a group 
this diverse would surely end in mistrial.  I am glad this is taking 
place in the UK.  At least the "judges/jury" will have the same 
cultural backbround as the author.


Alla:

As to punishing him under WW laws... Well, maybe, if we knew ENOUGH 
of WW laws. Maybe sometimes after all said and done JKR decides to 
publish some useful additions as to how WW operates in many areas.

I see no problem in trying Snape under "muggle" laws. I am well 
aware that many do not share this POV, but nevertheless I will say 
it again - I see nothing horrible in comparing WW with RL. JKR is 
not "wizard" in disguise after all, right? ;-)

She is a "muggle"  writer,who models many things in WW after "real 
world", IMO and IMO only. I do NOT think that WW morals and laws are 
THAT different from ours,or if they are, in my opinion and in my 
opinion only they will radically change at the end.

JKR is also not writing about aliens. She is writing about people, 
who just happen to be wizards, many of whom come to WW from "real" 
world,as described by her.

So, I think it is perfectly fine for dear Severus to stand trial 
under muggle laws.


As to political correctness, I am not sure if you include me into 
that vocal group. :-) If you do, well, the only thing I can say in 
my defense that I did not grew up in America ( although I am an 
american citizen now), I did all my schooling, except law school 
outside America . So, not only americans can think that RL person 
like Snape should not be allowed to approach children.

So, I freely admit in "forcing" my real life thought on WW ( I 
explained my rationale above to the best of my ability), but I will 
vehemently deny forcing "american thought " upon WW. :-)



Irene:

Every time Snape's teaching method is
criminalised, I'm thinking about real world schools,
where somebody who wants to learn (somebody like
Hermione, in fact) has no chance of survival. She
would be constantly ridiculed for doing her homework,
for showing some enthusiasm, for not helping to
sabotage the lessons. If you ever were a child like
that, then you know that Snape-like teacher is your
best friend. He gives  you an out-of-jail card,  you
see: you can pretend that you are studying hard not
because you are a geek, or whatever is the insult of
the day, but because you'd be punished otherwise. 


Alla:

Really? The teacher who won't let you answer his question,when you 
are the only one who knows the answer is your best friend? the 
teacher who,when you are hurt, will look at you and tell you "I see 
no difference" is your best friend?

G-d save me from such teacher friend, to tell you the truth.

Now, I  suppose that many women on the list can identify with 
Hermione to some extent ( at least in the "wanting to study" part of 
her character), I am no exception, although I was not bossy at 
all. :-)

So, what was I getting at? Oh, yes, the best friend. Teacher like 
Mcgonagall could be my best friend, who indeed forces everybody to 
study.

Teacher who would treat me like Snape did, I would dislike immensely.

Alla, who is still amazed how lucky she was in NOT having teachers 
like Snape EVER during her education.



This all had of course been my opinion and my opinion only.

Alla.