Thread: Maemo Morality
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Posts: 3,428 | Thanked: 2,856 times | Joined on Jul 2008
#137
Originally Posted by ndi View Post
Well, under US Law, I'd walk.

"Defendants seeking to rely on this defense argue that they should not be held liable for their actions as a crime because their conduct was necessary to prevent some greater harm"

"the defendant must affirmatively show (i.e., introduce some evidence) that (a) the harm he sought to avoid outweighs the danger of the prohibited conduct he is charged with; (b) he had no reasonable alternative; (c) he ceased to engage in the prohibited conduct as soon as the danger passed; and (d) he did not himself create the danger he sought to avoid"

a) 5>1
b) 2 tracks, one cu... I mean, 2 tracks, one train
c) Well, I did stop killing after that
d) Hello. The one tying the people did it.

Apparently no correspondence in English law. Figures.
Wait you confuse me. Under U.S. law you would walk, when U.S. law is the one with the necessity clauses?

Like you said:

The danger outweighed what I did.. 5>1
No reasonable alternative: No time to untie anybody, or stop the train
Ceased to engage: I didn't then go quickly untie and retie the other 5 further down the other track...
Didn't create the situation: I didn't do the tying.

Under that wiki article (and we all know wiki is law) - In US law you would be justified. In English law you would not. So if you're in the *UK* you should walk.... I still personally wouldn't because I'd feel a morale, not legal, obligation but not the point.

ETA: Well, http://en.wikipedia.org/wiki/Necessity_in_English_law evidently there *is* a law...
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Last edited by fatalsaint; 2010-04-21 at 21:52.