Dictum of the day, or on social adequacy of harm

"Social adequacy" does not prevent a circumcision performed for religious reasons on a boy unable to consent, yet based on the consent of his parents, by a doctor in proper fashion, from fulfilling the elements of the offence [...] This view nevertheless states that the procedure which cannot be excused and conflicts with the child's well-being is seen as socially inconspicuous, generally accepted and historically approved and therefore not subject to the formal stigma of the criminal law. / The correct view is that next to the conduct fulfilling the elements of actus reus and mens rea, the element of social adequacy has no independent significance. On the contrary, the social adequacy of certain behaviour is merely the reverse of the fact that a judgment of legal disapproval cannot be reached. The purpose of social adequacy is not to countermand an existing judgment of disapproval [...]

Landgericht Cologne, Judgment, 7 May 2012 - Docket no. 151 Ns 169/11