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Re: [soac-mapo] Redefiningthe 4th criteria

  • To: Antony Van Couvering <avc@xxxxxxxxxxxxxxxxxxxx>
  • Subject: Re: [soac-mapo] Redefiningthe 4th criteria
  • From: Olivier MJ Crepin-Leblond <ocl@xxxxxxx>
  • Date: Tue, 31 Aug 2010 16:37:34 +0200

 I agree with you Anthony.
I fear we're already down a rathole if we're going to take taboo examples...
http://news.bbc.co.uk/2/hi/europe/6424337.stm

Kind regards,

Olivier


Le 31/08/2010 16:09, Antony Van Couvering a écrit :
> I think we would quickly disappear down a rathole trying to define (on
> a global basis) any of the following:
>
> "accepted principles of morality"
> "proper functioning of a society"
> "basic norms of society"
> "normal sensitivity"
> "blasphemous"
> "criminal acts"
> "terrorist"
>
> We could find examples that fit these criteria that most of us agree
> on (.incest) but also those that we do not (.revolution, .killer). 
>
>
> On Aug 31, 2010, at 12:36 AM, Philip Sheppard wrote:
>
>> To follow on from Richard Tindall's proposal that one useful path
>> would be to redefine (ie make clearer or more specific) the 4th DAG
>> criteria of:
>> e.g. /'legal norms relating to morality and public order'/ 
>> /'recognized under general principles of international law' ./
>>  
>> Again I find some help in the guidelines of the EU TM office.
>> See edit below:
>>  
>> Philip
>> ------------------------------------------------
>> *_What it covers_*
>> "Accepted principles of morality are those that are absolutely
>> necessary for the proper functioning of a society".
>>
>> "directly against the basic norms of .. society".
>>
>> "clear offensive impact on people of normal sensitivity".
>>
>> _*EXAMPLES of exclusion*_
>>
>> "blasphemous, racist or discriminatory phrases, but only if that
>> meaning is clearly conveyed ...in an unambiguous manner"; 
>>
>> "direct references or incitements to commit criminal acts".
>>
>> "names of terrorist organizations as they would be perceived as a
>> direct support for them"
>>
>> *_What it does NOT cover_*
>>
>> "not concerned with bad taste or protection with feelings of individuals"
>>
>> "not what might be considered in poor taste"
>>
>> "not applied subjectively as to ...the personal taste of the examiner".
>>
>

-- 
Olivier MJ Crépin-Leblond, PhD
http://www.gih.com/ocl.html



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