That is not the strategy that Cardozo adopted, however, and it is not hard to see why. The intuitive moral conviction that, in cases such as Prosser’s hypothetical, the defendant owes his victim an enforceable duty to compensate for the damage he has inflicted on her — a remedial duty of precisely the kind that the tort system ought, in principle, to enforce — is a very powerful one. It finds expression in a longstanding body of case law on transferred intent;131 it is expressly affirmed by both the Second and Third Restatements;132 and it has deeply rooted doctrinal analogues in other legal systems, both common law and civil.133 And the intuition does not seem like it can be explained away as the creature of retributive instincts properly located in the criminal law (if anywhere). The law would not satisfy the intuitive requirements of justice to the victim simply by punishing the defendant in such a case, or by extracting from him a financial penalty to be deposited into a general fund for the victims of crime. It seems clear that the defendant is liable to his victim, unforeseeable though she may be — that he must compensate her, in preference to the victims of other wrongdoers.
Россиянин рассказал о жестокой расправе над женой спустя 15 лет14:54。whatsapp对此有专业解读
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"I want freedom," he said. "But I also want a country left standing when this ends.",推荐阅读yandex 在线看获取更多信息
В этот же день стало известно, что жертвами удара ВСУ по медучреждению в Донецкой народной республике (ДНР) стали восемь медиков. Еще десять человек пострадали.
working together, so you have to write a lot of glue between two