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Intent is a huge concept in english law too. As an example, 'good samaritan laws' are an incredibly new concept in the UK (eg, the last 12 months). It was eve
by soneil 10y ago
Intent is a huge concept in english law too. As an example, 'good samaritan laws' are an incredibly new concept in the UK (eg, the last 12 months). It was eventually enacted not because it's ever been needed - it has never, not once, been needed - but so that people don't have to hesitate to act.
Honest intent may defend an action which would otherwise be illegal. Or you can skirt the edges with malintent and be found for it. Carrying a knife may be legal with demonstrable reason. Carrying a screwdriver may be illegal with malintent. And we trust the courts to spot the difference. And in general, they do.
America, however, has been raised on "a healthy distrust of government". They simply don't trust, or don't want to trust the courts to straddle such grey lines. They want nice solid black & white line so they can point to the law instead of the courts - and they want to see "the people" (juries) police the gray lines.
Personally, I think there's merits to both systems. But it's clear to see that both are very culturally ingrained. I think it's actually very difficult for either side to see the other clearly.