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Bayern Thread

chygry

Starting XI
Both legally and morally! People should take responsibility for their drunken actions. Anyway booze is bad in huge quantities!
 

Mandieta6

Red Card - Life
Life Ban
ShiftyPowers;3852388 said:
Not legally, but morally.

I'm sure you know more about that but I did have a professor who went on and on about a saying that goes something like 'the cause of the cause is the cause of the ill caused'. In other words, the 'ill' is, say, a car accident. The car accident is caused by the drunk driver, and the drunk driver is 'caused' by his drinking. Therefore, his decision to drink caused the accident, and so it is that where the blame lies. He insisted that this was a logic that was used in the legal system. I dunno to what extent that is true, though.
 

chygry

Starting XI
Mandieta6 you're pretty much spot on. Or the credit should go to your professor. Either way well said.
 

poet11

Oh and tits.
Mandieta6;3852398 said:
I'm sure you know more about that but I did have a professor who went on and on about a saying that goes something like 'the cause of the cause is the cause of the ill caused'. In other words, the 'ill' is, say, a car accident. The car accident is caused by the drunk driver, and the drunk driver is 'caused' by his drinking. Therefore, his decision to drink caused the accident, and so it is that where the blame lies. He insisted that this was a logic that was used in the legal system. I dunno to what extent that is true, though.

Yeah, causation.
 

ShiftyPowers

Make America Great Again
Mandieta6;3852398 said:
I'm sure you know more about that but I did have a professor who went on and on about a saying that goes something like 'the cause of the cause is the cause of the ill caused'. In other words, the 'ill' is, say, a car accident. The car accident is caused by the drunk driver, and the drunk driver is 'caused' by his drinking. Therefore, his decision to drink caused the accident, and so it is that where the blame lies. He insisted that this was a logic that was used in the legal system. I dunno to what extent that is true, though.

Legal system doesn't give an exception for someone who is blackout drunk, even though general legal principles seem to suggest that there could be. To commit most crimes, you need to do the act, and you need to have some kind of intent to commit the act. If you're blacked out, there's an argument that you don't intend your act. The ways around this legally are 1) it's not in the public interest to absolve drunk people of their criminal acts and 2) even if you don't remember your intent, you still had criminal intent in your drunk mind when you did it.

You're talking more about proximate cause which, for example, comes into play when a bartender over-serves a customer and then gets sued by another person who the drunk beats up. One could argue the bartender over-serving a clearly drunk person is the proximate cause of the beating, and therefore the bartender is liable for the beating because of his negligence.
 

chygry

Starting XI
ShiftyPowers;3852442 said:
Legal system doesn't give an exception for someone who is blackout drunk, even though general legal principles seem to suggest that there could be. To commit most crimes, you need to do the act, and you need to have some kind of intent to commit the act. If you're blacked out, there's an argument that you don't intend your act. The ways around this legally are 1) it's not in the public interest to absolve drunk people of their criminal acts and 2) even if you don't remember your intent, you still had criminal intent in your drunk mind when you did it.
ShiftyPowers but what if some fool completely loses it on something and commits something not really realizing what that person is doing? For example in a psychosis.
 

ShiftyPowers

Make America Great Again
 

Arnau

NGR LVR
Shit his pants? Grab the ball on the next play in a very similar cross and shown a lot of confidence in press interview.
 


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