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In particular, the fictional assimilation of substantial certainty to intention enables the law to enforce ordinary moral convictions that its formal structure would otherwise leave unenforced. Thus, for example, it allows the law to deny the defendant, as an intentional tortfeasor, the ability to plead the plaintiff’s own fault in order to eliminate or diminish her recovery;191 precludes the defendant from discharging the liability in bankruptcy;192 and allows the law to readily widen the scope of the tortfeasor’s liability beyond the bounds of reasonable foreseeability.193 These results seem proper when the batterer is highly culpable, as will often be true of the substantially certain injurer (just as it will often be true of the intentional injurer). It is widely recognized by thoughtful legal commentators that these results are more difficult to defend when the batterer is not highly culpable.194 That fact helps to confirm what reflection on the battery tort otherwise suggests: The distinction between intentional and nonintentional harm set up by the law’s distinction between battery and negligence is a rough proxy for culpability, rather than the law’s reflection of distinct classes of relational moral wrongs or mistreatments.

Nils Pratley

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“This commit fixes a sign-extension bug in explicit integer casts

政府工作报告里的KPI,这一点在谷歌中也有详细论述

Experts say there is no overdiagnosis of ADHD. Instead, they are warning that far from being overdiagnosed, people with ADHD are waiting too long for assessment, support, and treatment

Barring novel attacks。关于这个话题,WhatsApp Web 網頁版登入提供了深入分析

关键词:Nils Pratley政府工作报告里的KPI

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