One route to wrongfulness
is to show that the actor "intentionally" caused the loss: that he acted with the very purpose of causing it, knew that it would result from his action, or at least should have believed to a certainty or near-certainty that it would result.
House Judiciary Committee Chairman Johnnie Byrd (R-Plant City), who voted in favor of ending the exemption for nursing homes, emphasizes that the proposed legislation will not cap punitives if you can show intentional misconduct or wrongfulness
with a high probability' of injury or damage, such as patient abuse cases.
Logically, once the inherent wrongfulness
of imperialism is acknowledged, should Britain not receive plaudits for leaving American and South East Asian colonies in a position to succeed, and brickbats for not achieving this in Africa?
True reconciliation between the Australian nation and its indigenous peoples is not achievable in the absence of acknowledgement by the nation of the wrongfulness
of the past dispossession, oppression and degradation of the Aboriginal peoples.
Nonetheless, he argues, the communicative theory of punishment (of which he is a prominent advocate) proposes that the primary purpose of punishment is to persuade the offender of the wrongfulness
of the crime.
People tend to be sensitive to the wrongfulness
in taking that dollar but not in software piracy.
Did Susan Smith have, in legal parlance, the "capacity to conform her conduct to the law" or, even though she undoubtedly appreciated the wrongfulness
of her act, was she in the grip of an "irresistible impulse"?
Germain Grisez and some other Catholic moralists hold that the wrongfulness
of any use of artificial means of contraception has been taught infallibly by the ordinary universal magisterium.(14) While, in Evangelium vitae, Pope John Paul again expressed the condemnation of contraception, there is no indication that he intended to invoke the infallibility of a consensus of the universal episcopate on that issue.(15) In my judgment, it remains what it was: an authoritative, but noninfallible teaching of the ordinary papal magisterium.
First, it is far from clear that broad societal consensus exists with regard to the wrongfulness
of various states of existence.
of harms in society seems logically to imply their wrongfulness
in every substructure of society,
While Jacobson involves the so-called subjective view of entrapment used in the Federal courts, some State jurisdictions permit an objective entrapment defense that stresses the wrongfulness
of Government action without regard to the defendant's criminal predisposition.(2) This article focuses on recent cases concerning the subjective entrapment defense, which concentrates on the predisposition of the defendant.
Cardozo next addresses what it means for an act to be "wrongful." Wrongfulness
does not exist in a vacuum but depends on how much risk a situation presents.