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NeCede's

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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