Maxim 8.8.31
Every act is to be judged by the intention of the doer.
Source: Branch, Princ.; Weisman, 64u
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) The intention behind an act is the measure by which it is judged — the same outward conduct may be lawful or unlawful depending on the purpose that animated it.
Where this applies
- A man who accidentally bumps into someone on a crowded sidewalk is not guilty of assault, but a man who deliberately shoves someone is — the intention determines the judgment.
- A hunter who mistakes another person for a deer is judged differently than one who deliberately aims at a person — the same act of shooting is measured by intent.
- A pharmacist who accidentally gives the wrong medication is treated as negligent, while one who intentionally substitutes a cheaper drug to pocket the difference is guilty of fraud.
Legal domains
Cite this maxim
NeCede Max. 8.8.31 — Every act is to be judged by the intention of the doer. — Branch, Princ.; Weisman, 64u
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