case: (Default)
Case ([personal profile] case) wrote in [community profile] fandomsecrets2012-02-15 07:40 pm

[ SECRET POST #1870 ]

⌈ Secret Post #1870 ⌋


Warning: Some secrets are NOT worksafe and may contain SPOILERS.


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Notes:

Secrets Left to Post: 03 pages, 67 secrets from Secret Submission Post #267.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeats ]
Current Secret Submissions Post: here.
Suggestions, comments and concerns should go here.

[identity profile] mika-kun.livejournal.com 2012-02-16 06:27 am (UTC)(link)
If you turn around quickly while holding a heavy object and accidentally hit someone with it and they are injured (lets say black eye and need a few stitches - reasonable yes?). You may not be held responsible for assault in a court of law since you did not intend to hit anyone.

This doesn't mean that the person you hit will be any less injured because you didn't mean to hit them.

Just because you didn't mean to hurt or offend someone with your words doesn't mean you won't.

(Additionally, intent *doesn't* always matter in court. If you perform an action such that there is a reasonable chance that someone might become injured as a result then you are culpable. Maybe you get a reduced sentence, but you don't get off clean.)

(Anonymous) 2012-02-16 09:27 am (UTC)(link)
Yes, but should a person be bullied and called an asshole and told they deserve to be beaten for accidentally hurting somebody? Should a person be held accountable for doing something that accidentally hurts someone if they didn't mean to? I don't think so.

[identity profile] mika-kun.livejournal.com 2012-02-16 05:09 pm (UTC)(link)
I've mentioned elsewhere on this page that people shouldn't be vilified for their ignorance. Since I don't think anyone should be bullied or threatened with a beating for a strictly verbal offense those points are irrelevant.

But to continue my analogy, if the person carrying the heavy object knew they were in a place where people might be close by and still turned around quickly, then they were careless and their carelessness caused someone injury. And they should be berated for their carelessness.

To translate that back out. Using a known slur in a "friendly way" would be like being careless while carrying a heavy object. There is a reasonable expectation that you would know that someone *could* have been hurt and thus you should have been more careful. Failure to take that care should be berated.

Using a slur which you didn't actually know was a slur would be closer to having no idea someone was nearby (with no reasonable expectation that you would know).

Generally, in a court of law, if there is a reasonable expectation that your actions *could* result in harm to someone else, then performing those actions anyway is punishable despite the lack of *intent* to cause harm.