An obvious response to this tension is to dismiss the doctrine of transferred intent as the archaic relic of a bygone legal age. That response would have been consistent with Cardozo’s suggestion that allowing the victim of a harmful action to sue for the breach of a duty owed to another would be “to ignore the fundamental difference between tort and crime.”129 Transferred intent doctrine has its roots in the early writ of trespass, which sat somewhat indeterminately at the border of crime and tort (as we understand those legal categories today).130 The doctrine continues to play an important role in the criminal law, which few are prepared to abandon. But it is possible to maintain that the doctrine’s persistence in tort law is an archaism that ought to be abandoned.
全国人大代表、蚌埠市委书记马军。(资料图)
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Can you make out any features on the Moon’s surface tonight? There’s plenty to see, so here’s what to look for when you look up.
这个曲线描绘了一个人自我认知的过程,包含四个阶段:愚昧山峰、绝望之谷、开悟之坡和平稳高原。比如,人学会一项运动后,相对熟练了,自信心便会飞速提升,这时人会高估自己,此时,便站上了愚昧山峰。在经历了一段时间的训练和比赛之后,有了更深刻的了解,就会发现自己的不足,开始自我否定与怀疑,这就是绝望之谷。此后,慢慢积累,慢慢攀爬开悟之坡,最终,才能达到一个新的高峰,登上平稳高原。这个曲线,恰好对应人类科技金融历史上的泡沫与最终繁荣。