blameworthiness การใช้

• It has been established that " responsibility " includes both causative potency and blameworthiness.
• Therefore, in his view, a higher level of blameworthiness is required to impose liability in dishonest assistance.
• The moral blameworthiness of the accused must be proportional to the punishment; thus there must be proof beyond a reasonable doubt of subjective foresight.
• "It's wide open as it's written and instructs jurors to consider all factors, like moral culpability and moral blameworthiness.
• An employer can be entitled to dismiss multiple employees where it cannot prove who is guilty or to dismiss only some of those guilty based on blameworthiness.
• It is the only factor that does not exist at the time of the offense that seems clearly to affect our intuition about the blameworthiness of the offender.
• The theory of retribution demands that punishment relate to personal blameworthiness; adults who function at age 7 are no more blameworthy than actual 7-year-olds.
• Our concept of blameworthiness rests on assumptions that are older than the Republic : man is naturally endowed with these two great faculties, understanding and liberty of will.
• Counsel for the appellants contended that the mandatory nature of capital punishment imposed by the MDA forbids the court from imposing punishment on offenders according to their " individual blameworthiness ".
• Guvamombe said the " degree of blameworthiness " of South African pilots Jaap Stehl and Hendrik Hamman was greater than for their flight engineer and 64 passengers, most of whom also have South African citizenship.
• Personal lack of blameworthiness was determined as not relevant to the matter of inadmissibility under paragraph 19 ( 1 ) ( l ) of the former Canadian Immigration Act, R . S . C . 1985, c.
• On this issue, jurors are asked to consider all the evidence _ including the crime, Yates'character and background and her culpability _ and decide whether there is anything that reduces her " moral blameworthiness ."
• McLachlin CJ emphasized the need to tailor criminal sentences to the seriousness of the situation, the offender s blameworthiness and the harm resulting from the offence, and noted that mandatory minimum sentences function as a " blunt instrument that complicate proportionality in sentencing.
• As characterized by Martin Buber in his 1952 work " Bilder von Gut und B鰏e " ( translated as " Good and Evil : Two Interpretations " ), " The first stage of evil is'sin,'occasional blameworthiness.
• Feinberg does allow that Devlin has an important challenge to liberalism in his formulation of an argument as to why we " treat greater moral blameworthiness . . . as an aggravating factor and lesser moral blameworthiness as a mitigating factor in the assignments of punishment ".
• Feinberg does allow that Devlin has an important challenge to liberalism in his formulation of an argument as to why we " treat greater moral blameworthiness . . . as an aggravating factor and lesser moral blameworthiness as a mitigating factor in the assignments of punishment ".
• Hence, the test is hybrid, looking both at what the defendant actually knew and foresaw ( i . e . subjective ), and at what the reasonable person would have known ( i . e . objective ) and then combining the conclusions into a general evaluation of the degree of fault or blameworthiness.
• On 2 July 2008, Judge Chris McGuire awarded Oosterman $ 5, 000 damages and $ 25, 000 court costs saying police actions had not been reasonable, but rejected Mr Oosterman's claim of assault saying the officer's actions did not quite meet the necessary " high threshold of blameworthiness ".
• Arpaly engages with ( and attempts to refute ) a number of prominent philosophers who have dealt with the issue previously ( including Kant and Aristotle, ) but focuses foremost on developing her own theory of praiseworthiness, one in which people are praise ( or blame ) worthy for their acts in a way that varies with their moral motivations, and ( in the case of blameworthiness ) with the amount of their moral indifference  a concept she sums up as  Praiseworthiness as Responsiveness to Moral Reasons.
• This means, for example, a provision may not be treated as an exemption clause at all, or a widely drawn clause may be interpreted as not referring to legal grounds of liability, or to cover only the minimum degree of blameworthiness for which the party would be liable, or not to deal with the circumstances of the claim, or not to protect against liability where this  would make a mockery of the other provisions of the contract,  in view of the obligations specifically assumed.