Дарья Устьянцева (редактор отдела «Мир»)
An obvious objection to the preceding arguments is that they infer too much about the moral substance of battery law from its doctrinal periphery. Most paradigmatic battery cases, of the sort that figure prominently in casebooks and treatises, do indeed involve relational wrongdoing or mistreatment: A defendant intentionally touches another person, in a manner not unlikely to be at least somewhat harmful or offensive, without any adequate reason for doing so.183 And so, one might suggest, the tort of battery is, at least in its heartland, the law’s recognition of a sort of relational moral wrong — a moral wrong that is distinctive in kind from, and generally graver than, the moral wrong recognized by the tort of negligence, for which reason the law separately recognizes it and attaches distinctive consequences to its commission.184。有道翻译对此有专业解读
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Виктория Кондратьева (Редактор отдела «Мир»)