On European Court of Human Rights

1/ In 1962, the UK Supreme Court (Shaw v DPP) used its competency to create new law (new crime): “conspiracy to corrupt public morals”.
Judge Simonds declared the objective “to enforce the supreme and fundamental purpose of the law”.
The crime #SilverRule
The judge #GoldenRule

2/ In the decision, by the #GoldenRule, the judges take initiative & bypass the Parliament to enforce principles (of #SilverRule) even against the shifting “popular will” (coercive power of Supreme Court based on golden principles retained for 100s of years).

3/ The European Court of Human Rights tries to mimic the spirit of legal universalism (Golden Rule) by giving arbitrary & conflicting interpretations on novel & vague principles (“human rights”). European Justice is coercive Iron Law with Golden ambitions.

4/ What is “freedom of expression” in art 10 of ECHR? Well, you are free to insult Jesus, but not Prophet Muhammad. The mental gymnastics you can do with any given UnGolden Rule of the Convention for Human Rights, has surprised even the bold ones who tried this out in the courts.

5/ Most europeans have no clue about the ambiguity that the Convention of Human Rights (ECHR) brings to the national courts & hijack national laws. The most bizarre interpretations of “human Rights” makes experts surprised. Example:

6/ Given that:
1. European & Inter/nal Justice is extremely centralised applied through decentralisation (local courts apply central dogma)
2. Their facade seems invincible (human rights) It appears political localism (local administration) is the objective. Not the solution.

7/ “The margin of Appreciation” shows the opportunistic nature of “Human Rights”: French classrooms can’t have christian symbols (e.g. cross), while Italian classrooms can. Human Rights à la carte? They don’t enforce fundamental principles but a BS doctrine. They know it.


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Western constitution

If only people studied history. Most learn a cartoonish version of French revolution, think of Paris as a romantic place, and make fun of Americans and their guns. The US created the most ancient stable written western constitution. If US goes down, the west goes to deep s**t.

You see this list? What do you think it is? It’s the number of different French constitutions AFTER the revolution. Every crazy doctrine has been constitutionalised. From Socialism to Empires legitimised with referendums (!) & parliamentary left-wing ROYALTY (yes royalty).

USA has a Federal Republic for 231 years. Technically, it’s the “first republic” after their revolution.. France has it’s V (fifth) Republic after 15 constitutions! In 2018 France celebrates for keeping a Republic for whole 60 years! wow… so much stability… 60 years.


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Hate speech

Hate speech: what the heck is going on?
1/ The Council of Europe: an international organisation whose stated aim is to uphold HUMAN RIGHTS. ECHR: European Court of Human Rights, the main organ of the Council of Europe “Manual on hate speech” (2009), by the Council of Europe

2/ From the Manual on hate speech: Hate speech, by definition, covers ALL forms of xenophobia. By the greek etymology xenophobia is the fear (phobos) of xenos (stranger). Seems Hate Speech is a tool to protect
1. strangers against natives
2. minorities against the majority.

3/ The concept of Hate Speech faced 2 problems:
1. The European Court enforces the European Convention of Hunan Rights. The convention has NO REFERENCE on hate speech.
2. On the contrary, article 10 of European Convention of Human Rights supports freedom of speech.

4/ The “obstacle” of article 10. In 2007 the European Parliament passed the 1805 Recommendation that interprets article 10.
Three tricks:
1st trick: The assembly considers that religious insults (aka hard criticism) to any religious PERSON or GROUP should be penalised.

5/ 2nd trick: The assembly considers that religious insults (aka hard criticism) to any RELIGION should NOT be penalised. In other words: Europe should abolish all blasphemy laws NOW!

Do you get the scheme? Blasphemy laws protected both majority + minorities.

6/ Third trick: there was still a problem. Most “cultural laws” (e.g. blasphemy) in most periods of time are inactive. Even in the time of Constantine (4th century) were mostly inactive.
Inactive religious laws DISCOURAGE radical behaviour against the majority belief system.

7/ Solution: In order to ABOLISH inactive laws, you have to ACTIVATE them first.
That’s exactly what happened. Not in 1950. Not in 1960. Very, very recently. Usually it takes at least one parliamentary cycle from the activation to the abolishment of a law.

8/ Suddenly, in 2012, Javier Krahe (famous artist) is prosecuted in Spain for a scene shot 34 years ago ! An old scene lasting just 54 seconds.
Spain: Blasphemy law – activated.

9/ The same year, in 2012, Elder Pastitsios (a twitter trol) is arrested in Greece. Why? Because he insulted Orthodox Christianity. A penal procedure profoundly strange for modern Greece.
Greece: Blasphemy law – activated

10/ Suddenly, in 2017 the Irish police contacted Stephen Fry, the famous actor, and questioned him for breaking the constitutional blasphemy laws of Ireland.
Ireland: Blasphemy law – activated.

11/ By activating dead blasphemy laws, then it’s a playground for the media & progressivists to do their thing. RESULTS?
2008: United Kingdom – ABOLISHED the common law offences of blasphemy and blasphemous libel in England and Wales.
2012: Netherland ABOLISHED blasphemy laws.

12/
2013. Russia INTRODUCES blasphemy laws (the Pussy Riot staged event led Putin to the PERMANENT ACTIVATION of blasphemy laws)
2015: Iceland ABOLISHED blasphemy laws
2015: Norway ABOLISHED blasphemy laws
2016: Malta ABOLISHED blasphemy laws

13/
2018: Ireland, by referendum, ABOLISHED the constitutional ban on blasphemy
2018: Canada ABOLISHED blasphemy laws (LAST YEAR!)
2018: New Zealand ABOLISHED blasphemy laws.

14/
2019: Greece ABOLISHED blasphemy laws
2019: Spain, the government and its allies have promised to ABOLISH their blasphemy laws.

15/ No blasphemy laws! We are free! Right? Not so fast.
October 25, 2018, the European Court of Human Rights ruled one particular prophet (Muhammad) from one particular religion (Muslim) is protected from insults under the European Convention.

16/ The protection of European Court didn’t include Christian religion or Jesus.
but… but… but… in 2007 the European Parliament passed the Recommendation that religious blasphemy should be tolerated …. that’s why Europe abolished the blasphemy laws? No.

17/ What happened is this: National Laws (specific) & National Courts (specific) have been replaced by European Law (a vague convention) & European Court (specific). Do you get it?

18/ Nations abolished their National religious laws, and the JURISPRUDENCE of European Court can decide and interpret what type of criticism on what religion, what prophet, and in what circumstances should be tolerated or not.

19/ If you study the French Revolution, it was exactly the same story.
The Revolution was orchestrated mostly by LAWYERS fighting for NATIONAL LAW that would replace the arbitrary judgement of the Courts (named “le Parlement” back then)

20/ Fr Revolution summarised by Robespierre: «Le mot de jurisprudence doit être banni de notre langue.» (The word jurisprudence must be banned from our language.)
The arbitrary judgement of Courts (minority) were replaced by LAWS representing the Nation (majority).

21/ Now we have the reverse going on. The National Assemblies become “tolerant” in a maximum way (idealism) and the European Court becomes specific to its intolerance (in the name of pragmatism).
It’s a game that transfers the sovereignty to the European Court.


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France and submission

It seems I hit a nerve here.

I’ll rephrase my thesis: France, in my view, is unique in Europe for institutionalising the medieval FEODO-VASSAL relationships of SUBMISSION. Both State & Church instruct submission to authority in a level UNIMAGINABLE to the average US/UK citizen.

In other words: french law officially recognises practices that are considered “normale” in France, and UNIMAGINABLE for the rest of the Europe.
ex.: Franco in Spain is named a “dictator”. Papadopoulos in Greece? A dictator. In France, no dictator! Never! Really?

The french law devises arguments to avoid any stigma around “bad words”. So, nazi occupation? No! It’s “État français” (the French State) instead of the “French Dictatorship”. No dictator. France will NEVER have dictatorship! It will change the name.

Example: This is what law students are taught in 2019 about current Prime minister :
“tout Premier ministre soit le vassal du chef de l’État” (every Prime minister shall be the vassal of the Head of State)
Can you imagine an American or UK textbook casually writing like this?

Can you imagine a student at Harvard, being publicly humiliated, for not being “good enough” for his “seigneur” (prof)?
Welcome to the most celebrated Fr higher institution: Science Po. Recently a famous Fr youtuber quit Science Po for same reasons.

Fr vs. US
Conservatives in US are fighting for the right to bare arms against a police state. And we consider them “dumb”.
Conservatives in France are fighting for the right of POLICE to make CHILDREN KNEEL to authority. Can you imagine this reporting by Fox news?

Greeks hate order, they respect unwritten law (e.g. Jesus, Socrates).
Germans love ORDER by the TEXT of law. Protestantism, a german movement to return to the ORIGINAL TEXT.
French respect ORDER enforced by AUTHORITY. Protestantism never rooted in “revolutionary France”. Why?

Another concrete example: The latest constitution (1958) was created by ONE MAN! Yes, the “revolutionary France” passed a law in 3 June 1958 and gave the authority to ONE MAN (Charles de Gaulle) to write the whole f***ing Constitution by himself & his close friends.

In the face of this procedure (1958), the left-wing François Mitterrand wrote a book “The permanent Dictatorship (Le Coup d’État permanent)” (1964). That was before he became a president. After, Mitterrand will also use absolute powers to impose his own ideas.

Now French stormed the streets wearing the same Yellow Vest. Can you imagine Americans or Greeks wearing the same piece-of-clothing?
French are trained to act in group. To dress in group. To conform in group. To revolt in group. Waiting for the next “seigneur” to submit?

All these remarks are NOT to underestimate the significance of yellow vest movement, or the role of Charles de Gaulle or the French Revolution.
I’m just stating there is a strong medieval féodo-vassalique CONTEXT in Fr POLITICS that most either underestimate or are unaware of.

For those who want to dive a bit deeper into French psyche it’s indispensable to study Napoléon Bonaparte. How he took power and how he paved his way into history.

An interesting debate.


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Human rights have a religious history

Human rights are classified in “droit des personnes” of “Droit civil”.
Even today, in 2019, law manuals teach the religious history and sacred nature of those rights.

“la primauté de la personne” is the fundamental principle of human dignity in the legal system, founded in article 16 of French Civil Code.
“article 16 of Civil Code should be traced to the christian doctrine”. source: Droit des personnes et de la famille; 2017, p212

The “right of dignity” is, by definition, OPPOSED to the interests of science and the society.
So, if all medical experts want to harvest your organs, even if they prove how this will benefit the society, it has no legal basis. Why?
Rights are sacred & non-scientific.

Another example is the respect of human body after death. The body can’t be legally classified as “person” so it can’t benefit from any human rights.
However, the body holds a “sacred nature” and therefore it can NOT be considered an object based on the science of biology.


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Civil Liberties vs. Rights

In legal terms Liberties are NOT considered Rights e.g. Liberties lack exclusivity. You can say “this is my car and don’t touch it” (exclusive right of property) but you can’t say “my free speech, you can’t have it”. A liberty belongs equally to all.

Roman & medieval societies were based on granting rights to those considered honourable or loyal. Traditionally those who “fight for the regime” enjoyed privileges (see modern LGBT-Bankers relationship). Feudocracy was the same: granting special rights based on loyalty.

Both US & French Revolutions & Constitutions had ultimate purpose to create a “new model” of State (new for Europe) that would LIMIT any special rights or privileges to groups or individuals, even if their work was considered honourable or meritocratic (e.g. army, priests).

What is Human Right? The concept is complicated w/ many applications. Today we see, based on Hohfeld’s famous distinction, a disproportionate movement to the “Privilege/Power/Immunity” aspects dominating the term, based on marxist ideology. From liberty rights to claim rights.


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“Macedonia” problem is part of a bigger problem

1/ This is written by the infamous JAVIER SOLANA, Secretary-General of NATO & EU Representative for Foreign and Security Policy. He claims “no conflict is unsolvable when diplomatic creativity […]”.

A Tsipras agreement against the 70%+ of greeks is “diplomatic creativity”.

2/ Soros named his son Alexander, and gave him “Macedonia” as a gift. “Project Syndicate” is a fitting name. A mafia syndicate, a CIA/EU/NATO cartel showing off their teeth, their ability to “change history” & our intellectuals (highly educated illiterates) don’t get it.

3 / My take is this: in the end nobody can hide from history. Communism & Nazism were just phases. Claiming themselves to have the eternal glory of Truth, breaking traditional values & historical truth. Seemingly invincible powers were kneeled down by their own incapacities.

4/ When the US foreign policy of Donald Trump goes against 70% of Greeks (polls on Macedonia) & finances the “Macedonia language” propaganda (FBI agents protecting Tsipras) for instrumental reasons (NATO bases, control of N. Greece) this is a SYMPTOM of malignant disease.

5/ We can label this “political disorder” with various names or phrases:
“NO INTERNATIONAL RULE OF LAW” or
“THE RULE OF THE MOST POWERFUL” or
“NO STANDARDS/NO LAWS/ NO TRUTHS/NO BALANCED CONSENSUS” or
“THE RULE OF THE JUNGLE” or
“NO RESPECT FOR HISTORICAL TRUTH”

6/ The spirit of this “New World (dis)Order” may superficially take the form of “nationalism” or “globalism” but it accepts the basic marxist premises & terminology:
– capital over higher values
– materialism over wisdom
– money over honour
– instrumental dialectic over truth.

7/ This “disorder” expresses a general LACK OF RESPECT for the TRUTH. And it has plenty of different symptoms:
– There is a reason why the founder of Linux stepped down.
– There is a reason why founder of Python stepped down.
– There is a reason why Google becomes a cult.

8/ There is a reason why Jordan Peterson has a free pass to lecture on the topic of religion & christianity, claiming the exact OPPOSITE of what Jesus said and only a few noticing.

9/ There is a reason why you can say “Byzantine was Rome” in english, and get away with it.

10/ There is a reason why Yuval Noah Harari & Steven Pinker, the Dumb & Dumber of intellectualism, managed to become “philosophers”. There is a reason why “Sapiens: A Brief History of Humankind” has 5,040 customer reviews. As one reader wrote, it’s “Fun, Enjoyable Easy Read”.

11/ Appropriating the legacy of Alexander the Great is part of the same disorder. But it’s going against gravity. You can buy politicians to change the “laws of gravity” for your own benefit, but in the end you’ll break your neck. There ARE natural laws / truths.

12/ Μore than 140 fake news websites run out of N. Macedonia. A center for Psychological Operations. I warn my friends from day #1: Soros & Trump play the same game in the region. Fake “Macedonia” survives only by selling its soul to the highest bidder.


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Morality and economy

Answers to tweets from a deleted account.

I wish we could say the same for Branko Milanovic’s system in economics. “personal morality exists only outside economics or capitalism”

Branko is a clever guy. Former lead economist in the World Bank’s research department. He wants to be with the king, and with the pleb. With Byz and against Byz. With personal morality (keep it at home) and without morality (in Bank). With Taleb’s system and without.

Research in christian values & economics show the same thing: pick any region w/ the worst conditions. Replace the inhabitants with English Puritans from the Victorian era and… boom! You’ll have a thriving economy. Why? Because personal morality drives the strongest economy.

Let’s change the framing. The issue here is the law. There are 2 schools of thought “legal = moral” (positivist) and the “unwritten laws of divine quality” (Antigone) translated as “natural laws”–> Enlightenment–> French & American revolution –> declaration of human rights.

You know, Antigone is not just for intellectual curiosity. It’s foundational in any decent Introduction to Law. It’s the rebellion against “legal positivism” (dominating modern EU & old dictatorships). It’s not just a philosophical battle, it’s a legal one! Dalloz, 2017 edition.


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On European Law and Christian persecution

The French Christmas tradition: religious persecution. Now it has become a legally-binding European obligation. Example: today the city of Béziers is – again – legally persecuted, this time by the State, for placing a Christmas crib in public space.

According to European Court of Human Rights relig. symbols like Christmas cribs are FORBIDDEN to be used by public agents in public spaces of ALL European countries, based on art. 9 of European Convention for Human Rights. Eradicating western christianity is a “human right”

It’s about public agents, not everybody. It’s about religion and state separation.

The game is rigged and dishonest. The point is this: when Greeks or Italians enter EU, do they know that celebrating Christmas in schools is actually illegal against the treaty of human rights? No. Nobody told them. It’s a surprise they’re going to find out in the future.

Christian persecution under European treaty of human rights.

EU has created a Daedalus of legal complexity almost incomprehensible to the average voter. I’ll create a short review here.

2/ The Council of Europe (not EU), founded in 1949, consists of 47 member States that have signed the The European Convention on Human Rights (ECHR). This international treaty is legally binding (“direct effects”) to all members, enforced by The European Court of Human Rights.

3/ This should not be confused with the “indirect effects” of the EU directives by the European Union that have to be harmonised in State laws. ECHR = Direct Effects are Legally Binding (milestone decision: Van Gend en Loos )

4/ The geniuses named “European Court of Human Rights” also as ECHR, …the same short-name with the treaty (!). And as if the confusion is not enough, they named the European Council or Council of the European Union to be confused with Council of Europe. A babel of terminology.

5/ Anyway, according to The European Court, in many of its decisions, the article 9 of the Convention is translated as a ban of public officials (including teachers) to use ANY religious or “philosophical” (sic) symbols. Example: Aktas c/France, 30 juin 2009, req. n°43563/08

6/ Now, the term “law” is used by ECHR with the same value as “jurisprudence”. This means that ALL decisions of the European Court are LEGALLY-BINDING to ALL 47 countries or else…. the country is condemned (including Turkey that was condemned)

7/ Now, while France is CONDEMNED by many decisions (based on article 9) this is NOT applied to other EU countries. Why? The European Court invents many BS excuses to buy time.

8/ The inconsistencies of law are labeled “doctrine”. The most notable doctrine by Eur. Court is the “Margin of appreciation: Italy can keep their crosses in schools – for now – since those religious symbols are judged to be “essentially passive”, not “active”. BS to buy time.

9/ The history of separation of State and Religion (started in US) was NOT removing christianity from public space. It was a western effort for independence from the Cardinals of religion (the middlemen of God) while teaching the Bible in schools.

10/ French Revolutionaries didn’t revolt against the “King”. This is a naive cartoonish version of history. The King had no virtual power, that’s why he couldn’t do any reforms, although he tried. Reforms were blocked by the “higher court” of Paris (Parlement de Paris).

11/ French revolutionaries were mostly LAWYERS (like Robespierre) revolting against the Higher Court of Paris. Robespierre famously said: “Le mot jurisprudence doit être effacé de notre langue” “The word “jurisprudence” [higher court decisions] should be banned from language”

12/ The idea of Nation/Nationalism (article III of the Declaration of Human Rights, 1789) was to REPLACE the Higher Courts with a legislative power, elected by the nation. Today, as Édouard Lambert has said, we go back to the “gouvernement des juges” (government of juges).

13/ There are countless cases in France (and other countries) that the representatives (of the Nation) vote for one thing, and the European Courts reject the new laws as “against the international convention”. The Nations are loosing their legislative power to Courts.

14 / If I go to Saudi Arabia and claim Christianity & Islam are “equal” under the law, this means one thing: persecution of Islam, suppression of islamic heritage from public space. The same when “equality” is applied to a christian nation. Only through christ. persecution.


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Christianity has a built-in separation church/state

People don’t get (2). Let’s elaborate. There is not such a thing as “christian law”. Jesus left no Mosaic laws. The modern legal system of most countries is based on Civil Code, founded on the famous Corpus Juris Civilis, by Justinian, a Saint of the Church.

Wikipedia: “The legal thinking behind the Corpus Juris Civilis served as the backbone of the single largest legal reform of the modern age, the Napoleonic Code, which marked the abolition of feudalism.”

The University of Bologna, where Justinian’s Code was taught, remained the dominant centre of legal studies in the High Middle Ages. It’s considered as the oldest university in continuous operation.

To summarise, the Reformation & Enlightenment was a movement towards the Latin & Greek texts, the original ideas of New Testament & the legal system of Byzantines. Today progressivism is in the OPPOSITE direction based on profound ignorance of linguistics & history.

Although Fr. Revolution was a cultural shock & did amazing “marketing” of the secular spirit, this historically came from UK/US. Voltaire became a philosopher AFTER visiting UK, writing about the “liberté” of Christian Quakers & heritage of W. Penn.

US pioneered in many domains. Since the topic here is christianity & the state:
– City of Philadelphia was a RELIGIOUS experiment w/ radical secular logic (before Europe)
– became economic center
– revolutionary center, where the Declaration of Independence was later signed

A twitter user made a comment (deleted)
Do you think Academy of Athens in 400 AC was the same as in 400BC? It’s been 800 years. The Academy spent public money to teach Theurgy (!) and Magic (!). Are you sure your children should have this curriculum today? The Byzantine Higher Ed actually REMOVED religious education.
[…] Take a look at Proclus (Neoplatonist), the last major classical philosopher.


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