Wednesday, January 15, 2014

The Dangerfield-Sinatra joke illustrates some important legal principles raised in Song's apology. The first is the law of principals (which I have explained to Songie before): If two or more people participate in an act together, performing different roles, both intending the result, each is responsible for the actions of the other. So it is no defense to Sinatra if he didn't participate in the beating because he procured the thugs to do the beating. Song acknowledges "responsibility" for Bian's death as a result of the violence of which she personally witnessed part. She says vaguely that she had some kind of responsibility to "protect" Bian and the other teachers who were beaten. What she is referring to is this: Violence had been going on in the schools for months. Bian was "struggled," i.e. beaten, in June. She, Bian, wrote a letter of protest to the Party. The Party, not knowing WHAT the hell Mao wanted, sent in work teams to all the schools to moderate things. Then, Mao ordered the work teams and their moderating influence OUT. Mao wanted MORE violence. This is what Song is referring to later about not wanting to repeat the mistakes of the work teams. The violence was to continue and to INCREASE. When the work teams left the nascent Red Guards took control of the schools and of the new curriculum, violence.  Song was the leader in her school, Liu Jing the...vice-leader. Violence had to be approved: Only the leaders could "yaowu," be violent, or less commonly, others who were approved by the leaders could yaowu. So, Song was, as she says here, "responsible," practically, morally, and under Anglo-American precepts, legally, for the August 5 beating of Bian. Which resulted in Bian's death:

Second Important Legal Principle: You are responsible for the foreseeable consequences of your illegality.  So, if Dangerfield had died from the beating, even after Sinatra stopped it, sucks to be Sinatra. Sucks to be Song, too. Bian was beaten for hours. Song saw part of it, personally. It didn't look "too serious" to Song. She doesn't get to make that call. It is sometimes alleged that Bian had a pre-existing condition, high blood pressure or something:

Third Important Legal Principle: The "Egg-shell skull victim." I punch a guy once, he falls over, hits his head, dies of a fractured skull. Unbeknownst to me he had an unusually thin skull, susceptible to fracture. Sucks to be me. I'm "responsible" for his death.

"In conclusion:" Song is guilty on this statement alone.