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Mary Jane Eyre's avatar

Interesting and pertinent reflections! I’m not sure about redefining negligence as a form of malice though. The teenage intern causing damage by visiting a porn site may not be able to plead ignorance, but rather than a subtle form of malice, plain recklessness seems to be a better description here. Gross negligence is a separate legal category that assigns culpability even in the absence of malicious intent, but finding societal solutions to more pernicious instances of dereliction of duty is tough when we don’t have a shared understanding of what constitutes these duties in the first place.

Joseph Stitt's avatar

Beautifully explained. The rhetorical excess of the "never" undermines what would otherwise be a useful corrective for the adamantly persecuted.

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