Even those who claim impact is everything & intention is nothing, really know that intention is huge coz they assume subconscious ill-intent
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More accurately, they assume what the import of a statement is. 'You might not intend to be racist but that statement was loaded with bias.'
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Some statements are, of course, but when this is not clear, it is assumed that hearer decides the significance of a statement - its intent.
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Like here. My intended meaning: You don't have to come to my timeline if you don't like my tweets. His reading of my intent:pic.twitter.com/22QxU12iez
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Mens Rea is half of criminal law for a reason.
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It is interesting to see these explorations/perspectives into areas well explored by law.
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"actus non facit reum nisi mens sit rea" (the act is not guilty unless the mind is guilty)
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The internet tells me this goes back to St Augustine
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Yes. He was arguing rape victims are not guilty of anything but that a virgin who got killed on her way to have illicit sex goes to Hell.
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Wow. That's some argument.
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He was responding to arguments of his time that raped women should commit suicide. He was ahead of his time!
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He sure was. Its amazing how culture can evolve over such long time frames, and still the same fundamental arguments come up.
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