Thou Shalt Not Take Causality In Vain -- No Tomarás La Causalidad En Vano

Aug 03, 2004 00:10

(nota importante: he traducido al castellano -- le sigue al inglés ( Read more... )

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gensferraria August 2 2004, 23:12:53 UTC
The assailant could have easily assaulted her after she left the bank.

True, however, she was attending to her business and thus distracted from what was happening around her. Therefore, it made her more vulnerable to the attack, for she was not able to properly function with her surroundings while engaged with the ATM. With all due respect, I have used an ATM in Spain and am well aware that there are locks on the doors. Had the locks worked, she would have been removed from that danger while attending to her business. On her exit, she would have been more aware of her surroundings and thus more able to properly respond to the possible threat of being robbed, which from that point becomes mere speculation since we cannot predict the future.

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valcarcel August 2 2004, 23:35:18 UTC
«True, however, she was attending to her business and thus distracted from what was happening around her. Therefore, it made her more vulnerable to the attack, for she was not able to properly function with her surroundings while engaged with the ATM ( ... )

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gs_feskoe August 3 2004, 12:44:58 UTC
Although Spanish Roman law protects itself from those who want to abuse it, such as this young woman wanted to do, by trying to sue the bank, yet by forcing the victim to list the reason why the criminal acted, I don't see why it is the victim's responsibility. This is not the most efficient way of conducting justice, yet I suppose it is the most efficient way at managing a court system.

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valcarcel August 3 2004, 15:37:20 UTC
We do not necessarily mean to imply that it is the victim's responsibility that she was attacked. However, she is responsible for running a good and logically sound accusation. Her reasoning was that it had to do with the lock not properly working/functioning, on the door. Thus, by the principle of causality, we could not condone any detention of the assailant on those grounds for, as we spoke of earlier, he could have assaulted her while hiding among the bushes, outside the bank.

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