Legal Miscellaneous VI
Terror
By Ferdinad von Schirach
This play presents a moral and
constitutional dilemma. The decision made by a figther pilot put in an
extraordinary situation. The Constitutional Court prevents him from being
ordered to do what he did (which is also what his life was prepared for) and that
everyone expected him to do.
The jury thus faces a
"difficult case", which is so much because of the media pressure that
one can imagine and because what is requested is not only a criminal trial, but
also a consideration of constitutional principles, as well as weighing the
moral implications of the decision taken by the accused.
The play can be seen the same
from the criminal perspective as from the constitutional, in this second
possible reading it illustrates both the density of the principles and the
limit of an abstract constitutionality trial in a tragic case, because as it is
said in one of the possible verdicts, to the pilot Lars Koch "The right,
the Constitution and the courts left him alone with his decision".
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