DD we all agree with the common sense approach you suggest. Bandalot has nailed the gist of the discussion at the moment.
I'll use an example that is very close to what someone else used earlier in the thread;
If your Purser comes to you and says that pax in 4D shouldn't travel and you back them ( as I would) and then the security guy from Dr Dao's flight ( he has recently relocated for personal reasons) comes onboard and smacks 4D's head against the chairs, killing him as he removes him, who is responsible for the operation going wrong? Who goes to jail? ( apart from the security guy who has committed a crime )
You for authorising it and not supervising the operation? The cabin crew member for not adequately supervising? The station manager for not overseeing the removal in a way that prevented the whole thing going wrong?
The United Captain has been named in a law suit yet it is not clear in the regs who is responsible ( legally) for the safety and well being of the people onboard prior to the doors closing.
If it is ground staff who should be named in the law suit as responsible for overseeing the removal of pax then where is that written?
If it is the Captain then where is that written? We haven't been able to find it in the Tokyo Convention or the regs.
Cheers