Cunnyverse Author on Nostr: There is a reason why intent is a significant component of law. You hit someone with ...

There is a reason why intent is a significant component of law. You hit someone with your car, that's bad. But it's possible that person jumped in front of you at that last second, and it's not really your fault. You were intending to drive safely, and you were unable to stop in time when a freak out of the blue scenario pops up. Suppose instead you didn't intend to drive in a safe manner and you hit someone in your recklessness. That's manslaughter (negligent homicide), which is kinda bad. Now consider instead if you were intending to hit someone. Then it's murder, possibly in the second or third degree depending on circumstances. Maybe you planned it out (intending in advance). Then it's murder in the first degree.

We consider these all to be varying degrees of badness depending on what your state of mind is when you hit the person with your car. Sure, the other guy's roadkill no matter what the intent was, but the function of morality and the law (at least in theory) is to find a way to keep society safe. Was there nothing you could have done to prevent this death? Then there's nothing that should be done to you. Was there something you could have done, but didn't? Then you get some punishment, but it's milder because you are flawed -- only human. Was this something you intended? Then this isn't a mere flaw. There's no hope for you, and we have to protect society from you by putting you away for life.