Is The Governing Body Open To Lawsuits In Some Countries Over Enforced Shunning Of Ex Members?

by frankiespeakin 32 Replies latest watchtower bible

• 

  Band on the Run

  If there is merit to the how awful the Legal Department is, I feel that with a global reach of the apostate community this issue should have been raised before this month. When trained lawyers report a consistent result, I will act on the advice of the lawyers. It is difficult for a nontrained person to understand the complexities and process. I used to play lawyer back in high school. Certainly, I read the actual cases, read nonfiction books dealing with the subject manner. My grades were excellent. What more could a law degree add? I cringed as I realized how many lives I may have messed up.

  The Legal Department of Bethel is hard for me to comprehend. Experience shows that they know their job and are quite competent. They aren't keystone cops which is best description I can give for some recently formed organization. Of course, the existing law happens to favor the WT. In stark contrast to earlier JW legal traditions, the Society is Goliath. It is the status quo.

  I don't have time to research this question. I suggest naming specific countries.
• 

  jwstudy

  Japanese court gave a decision that community shunning was illegal.

  This was a court decision without any religous contexts. But Judge said if the shunning was used as blackmail, it is illegal.

  In United States, the community shunning is OK if its because of religious belief.

  But if it is in school, is it OK??

  Let's take an example for arguments, Most of students in a class room are Jehovah's Witnesses.

  One day, one of witness students is disfellowshipped in local congregation.

  Other witness students begin to shun him and geet him no more at school.

  A teacher noticed this, but students said "Well, this is because of our religion. So teacher, you don't have a right to stop our custom!"

  Do you think it's OK in this case?

  I think you can not control what they believe, but what they behave must be regurated by secular rule.
• 

  DesirousOfChange

  There is talk on FB that a new secret rating system for the R & F is to be introduced so that DF'ing is no longer required. A's and B's are fine, B's and C's proceed with caution, D's marked and so on.

  Question is: Who will give each individual their rating?

  Doc
• 

  Vidiot

  tim hooper - "There is talk on FB that a new secret rating system for the R & F is to be introduced so that DF'ing is no longer required. A's and B's are fine, B's and C's proceed with caution, D's marked and so on."

  Link?

  And how would a rumor like that get started, anyway?
• 

  lrkr

  I have given thought to what effect a typical business lawsuit might have in the case of a disfellowshipping: for defamation of character, interference with business, interference with professional reputation, etc. Does anyone think that would stick?? There are possibly real, definable financial damages (as opposed to "harrassment" and other more emotional damages)
• 

  frankiespeakin

  How about a retired circut overseer reduced to poverty due to shunning and no retirement benefits and no social security benfits from the corporation he devoted his life to. Surely this might have some type of way to be addressed in a variety of judicial system around the world.
• 

  Band on the Run

  No. It is not defamation. There are elements that define defamation. One problem with Witness disfellowshipping is that your standing in the community is enhanced. Your neighbors most likely will think better of you if they hear the Witnesses kicked you out.
• 

  Band on the Run

  No. Find a lawyer. It is not all right to say Japan allows. What is the exact rule in Japan? How much deference does Japan's legal system give prior court decisions compared to the common law system. What were the factual details before the Japanese tribunal? Are there historical or economics based reasons for the Japanese system. Where can one read the Japanese law? What is the correct citation form?

  There is no answer when you write Japan does it. This material is closely related to a personal interest. I know it would be better to start with European countries, esp. France. Japan is typically used as an Asian example. China should probably be included.
• 

  konceptual99

  I have given thought to what effect a typical business lawsuit might have in the case of a disfellowshipping: for defamation of character, interference with business, interference with professional reputation, etc. Does anyone think that would stick?? There are possibly real, definable financial damages (as opposed to "harrassment" and other more emotional damages)

  As stated before, good luck with this. I wish something could stick but it won't. People have a choice who they talk to, who they choose to associate with. Unless there is a contractual obligation between two parties that is unilaterally broken then there is very little scope for any kind of civil action as far as I can see. For a professional opinion go and see a lawyer.
• 

  jwstudy

  Band on the Run, thank you for your post.
  Japanese constitutions are almost same as US.

  The lawsuits I mentioned was about the local small community
  (not religious but geological).

  The judge said that a declaration of communally excommunication itself viewd as
  an invasion of personal rights.

  And the judge also said the conduct of excommnucation by infruencial community members
  on this case were "bullying and harassment".

  In most case, Jehovah's Witness disfellowshipping practice may not be viewed as
  harassment nor blackmail just because JW happened to be minority group.

  If Jehovah's Witnesses understanding of the bible should be applied in Catholic Community.
  Just imagine what is happening in Mexico, Italy, France, Spain, Poland or other Catholic
  prevailing countries.

  People excommunicate YOU because you are EX-CATHOLIC and this practice last forever(lifespan) as long as you are out of Catholic church.

  And what happens if Pope declares that if you have fellowship with ex-catholic, you are goint to be excommunicated also.

  So I think an excommunication may be viewed as a harassment or a emotional blackmail
  depending on context.