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by uoaei 1612 days ago
The obsession with "intention" as opposed to "outcome" in legal judgments continues to mystify and mortify me.

But I still don't see an easy way to fit the scenario of "I mouthed off to a server and they punched me in the mouth" into a legal framework that supports repeatable judgments in a way that supports civility writ large.
1 comments
ethbr0 1612 days ago
The same way we do auto accidents? Collect what physical evidence is possible, interview witnesses, and attempt to assign fault.

And I'm not advocating for a return to duels at dawn with pistols!

But simple or criminal battery (e.g. I punch someone, with my fists, and then de-escalate) that could not have been expected to result in permanent injury? I can think of worse things for culture.

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uoaei 1612 days ago
Auto incidents happen in relatively constrained scenarios, and the resulting damage can strongly imply the actions that led up to the incident. Not so with humans beefing over mundane matters.

My first thought is to re-tool the concept of self-defense, but this would require the acknowledgement that verbal abuse constitutes violence, which I am not sure many are willing to accept, and could get out of hand when it comes to what exactly "disproportionate retaliation" means in context.

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