But furthermore, on the same principle, the danger which in fact
exists under the known circumstances ought to be of a class which
a man of reasonable prudence could foresee. Ignorance of a fact
and inability to foresee a consequence have the same effect on
blameworthiness. If a consequence cannot be foreseen, it cannot
be avoided. But there is this practical difference, that whereas,
in most cases, the question of knowledge is a question of the
actual condition of the defendant's consciousness, the question
of what he might have foreseen is determined by the standard of
the prudent man, that is, by general experience. For it is to be
remembered that the object of the law is to prevent human life
being endangered or taken; and that, although it so far considers
blameworthiness in punishing as not to hold a man responsible for
consequences which [57] no one, or only some exceptional
specialist, could have foreseen, still the reason for this
limitation is simply to make a rule which is not too hard for the
average member of the community. As the purpose is to compel men
to abstain from dangerous conduct, and not merely to restrain
them from evil inclinations, the law requires them at their peril
to know the teachings of common experience, just as it requires
them to know the law. Subject to these explanations, it may be
said that the test of murder is the degree of danger to life
attending the act under the known circumstances of the case. /1/
It needs no further explanation to show that, when the particular
defendant does for any reason foresee what an ordinary man of
reasonable prudence would not have foreseen, the ground of
exemption no longer applies. A harmful act is only excused on the
ground that the party neither did foresee, nor could with proper
care have foreseen harm.
Public-domain text, read in full here on John Shaqi.
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