Daghdha
Absent Minded
Thanks for stating it so firm and clear. This position is what post #75 was all about. "The contex of function" is a matter of intent and without it we would not see the difference between manslaughter and murder. Kant would have said that killing is wrong no matter what , that it's imperative not to kill. My law book is stuffed with that, and I wouldn't, without hesitation, call it "folly".donsig said:Basing a rule on intent is folly
Sorry for not being able to keep out of this discussion. I'll give it a nother try...

. We cannot in a meaningful way separate the verdict from the punishment. The verdict is not sensitive to intent, but the punishment is indeed. The value of the rule is related to the magnitude of the punishment. The lesser the punishment, the less valuable the rule. What I mean is the law and the consequenses that follows breaking it is inseparable, thus, the law/punishment deal with intent. If we said that the punishment for breaking the rule was that the team had to post "sorry", then we wouldn't care that much about how the rule was stated. If the punishment was immediate exclusion from MTDG it would be very interesting how the rule was formulated.
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