Зарина Дзагоева
Фото: Илья Наймушин / РИА Новости
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The interviews of the Cornbread Mafia are so full of character from the start, you might think you're watching a Coen Bros. comedy. Mascagni and Morris give these fascinating figures space to tell their stories, their way, then illustrate reenactments with a bouncing brand of animation. Altogether, it's not just an entertaining doc, but one that probes the hypocrisy of the war on drugs and mandatory minimums.。谷歌对此有专业解读
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The lesson, I believe, is that the Palsgraf principle is unsound: One need not act wrongfully toward another — need not mistreat her, as opposed to other people — to incur a liability in morality or law to compensate her for the injuries one has inflicted on her. If that lesson is correct, however, what should we make of the black-letter proposition, which is embraced by most common law jurisdictions, that the duty of care in negligence is owed only to foreseeable victims, such that only foreseeable victims can in ordinary cases recover?144 In my view, this black-letter rule does not reflect any principled commitment to the significance of relational wrongdoing in grounding negligence liability (a commitment that would sit in stark tension with the underlying moral commitments of transferred-intent doctrine). There is, rather, a more complex moral principle operating beneath the surface of both doctrinal areas — a principle that explains why unforeseeable transferred intent victims can recover, and why unforeseeable victims of mere negligence (as in Palsgraf) typically cannot.