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| | Culpability - Wikipedia, the free encyclopedia |
 | | The stricter the culpability requirements, the harder it is for the prosecution to prove its case. | | | From a legal perspective, culpability describes the degree of one's blameworthiness in the commission of a crime or offense. | | | Except for strict liability crimes, the type and severity of punishment often follow the degree culpability. |
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http://en.wikipedia.org/wiki/Culpability
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| | [No title] |
| | But, again, mitigating our judgments of the culpability of the agents does not imply that their actions were not wrong, nor that they did not fail to perform their duties, nor that they did not violate anyone's rights, nor that no one is entitled to compensation or redress. | | | Nor would the culpability of the Department of Defense or of its chief executive officer depend upon the assumption that there is a human right of consent or that such a right is recognized in international law. | | | More specifically, we must know 1 whether they are culpable for their actions and, if they are, whether there is any special circumstance due to the historical context in which they acted which should mitigate whatever punishment would be appropriate given their culpability. |
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http://www.gwu.edu/~nsarchiv/radiation/dir/mstreet/commeet/meet10/brief10/tab_e/br10e2.txt
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| | Clarkson, 'Corporate Culpability', [1998] 2 Web JCLI |
| | Culpability must be assessed by reference to those acts or omissions. | | | Companies should be prosecuted and convicted for the same general offences as individuals and subject to the same general rules for the construction of criminal liability. | | | The Justice Department has urged United States Attorneys to regard the presence of a CCP as a "significant factor" in deciding whether to prosecute(Huff 1996, pp.1269-1270). |
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http://webjcli.ncl.ac.uk/1998/issue2/clarkson2.html
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| | Drew D. Dropkin, Linking the Culpability and Circumstantial Evidence Requirements for the Spoliation Inference, 51 Duke ... |
| | Lastly, some jurisdictions have relaxed the culpability requirement even more, and these courts may issue a spoliation inference instruction even if the spoliator's conduct was merely negligent. | | | Some courts have relaxed the culpability requirement slightly, however, concluding that the spoliation inference should be available even if the spoliator has intentionally destroyed the evidence without bad faith. | | | Instead, the spoliator's state of mind serves as a proxy for the contents of the evidence when the culpability of the spoliator is sufficiently high. |
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http://www.law.duke.edu/journals/dlj/articles/DLJ51P1803.HTM
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| | [No title] |
| | Despite their adoption of a limited number of defined culpability terms, many jurisdictions have failed to restrict their drafting to the defined terms. | | | [FN139] a court may determine that "knowing" is the appropriate culpability for obstructions, since it is the minimum culpability defined with respect to conduct. | | | [FN61] For this reason, recklessness is considered the norm for criminal culpability, and negligence is punished only in the exceptional case. |
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http://www.law.upenn.edu/fac/phrobins/element.html
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| | Proposed New Federal Criminal Code § 302. |
| | If a statute or regulation thereunder defining a crime does not specify any culpability and does not provide explicitly that a person may be guilty without culpability, the culpability that is required is willfully. | | | (c) Except as otherwise expressly provided, culpability is not required with respect to any fact which is solely a basis for federal jurisdiction or for grading. | | | (e) A factor as to which it is expressly stated that it must "in fact" exist is a factor for which culpability is not required. |
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http://wings.buffalo.edu/academic/department/law/bclc/302.htm
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| | Amazon.com: Psychiatry and Criminal Culpability: Books: Ralph Slovenko |
| | Yet, because he was not found to be mentally ill—the threshold requirement in tests of legal insanity-—he was convicted and sentenced to 936 years imprisonment. | | | Renowned in psychiatric and legal circles, Slovenko analyzes the insanity defense and the role of psychiatric testimony under it as well as under a not guilty plea in evaluating culpability. | | | Customers interested in Psychiatry and Criminal Culpability may also be interested in |
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http://www.amazon.com/exec/obidos/tg/detail/-/0471054259?v=glance
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| | United States culpability for Israeli Actions - Signatures |
| | The United States culpability for Israeli Actions Petition to All Permanent Missions to the United Nations was created by Persons of Conscience and written by John Sigler (eccmei@lycos.com). | | | We endorse the United States culpability for Israeli Actions Petition to All Permanent Missions to the United Nations. | | | Read the United States culpability for Israeli Actions Petition |
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http://www.petitiononline.com/mod_perl/signed.cgi?uscia
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| | Complicity and Culpability : IMC Maritimes |
| | Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. | | | Under today's standards of justice, they are not, but under tomorrow's remains to be seen. | | | They should be viewed as and judged culpable, criminally culpable, now. |
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http://maritimes.indymedia.org/mail.php?id=681
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| | Beyond Reason: Mental Retardation and Criminal Culpability |
| | An offender with mental retardation should thus never be placed in the category of the most culpable offenders for whom the death penalty is ostensibly reserved. | | | But punishment must be proportionate to both the seriousness of the crime and the defendant's degree of moral culpability. | | | The U.S. Supreme Court has also ruled that the execution of offenders who committed their crimes before they were sixteen years old violates the Eighth Amendment. |
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http://www.hrw.org/reports/2001/ustat/ustat0301-04.htm
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| | a Public Defender: culpability vs deterrent |
| | Listed below are links to weblogs that reference culpability vs deterrent: | | | Posted by Gideon at 07:06 AM in US legal news | | | The case first asks us to consider the culpability of one who spreads HIV to unwitting sexual partners. |
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http://publicdefender.typepad.com/public_defender_blog/2005/09/culpability_vs_.html
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| | Quodlibet Online Journal: Aquinas on Human Action and Culpability |
| | For although it would at first appear that common ground might be struck regarding the decrease of culpability where specific types of ignorance are present, this agreement would quickly deteriorate when the issue of what is to be known is outlined. | | | In order for certain human actions to be deemed moral, thereby making the individual culpable, the demonstration must be made that such actions are distinct from acts which arise through external principles, as well as those acts arising from internal principles which are non-culpable. | | | Based on the relationship of the individual's activity to these principles, degree of culpability is best determined, rather than holding the individual culpable against a universal (i.e., specific) human standard regardless of the degree to which such immediately or mediately operating principles rightly reflect this standard. |
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http://www.quodlibet.net/aqaction.shtml
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| | American Ethnologist, vol. 31, no. 2 |
| | Anthropologists concerned with political violence and justice must engage in a comparative examination of culpability for past and ongoing crimes. | | | [culpability, comparative anthropology, reparations, genocide, war, India, United States] | | | This approach is illustrated with reference to the killing of Muslims in Gujarat, India, in 2002 and to the invasion of Iraq by the United States in 2003. |
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http://www.music.columbia.edu/~cecenter/AES/ae312.html
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| | Collective Moral Responsibility [Internet Encyclopedia of Philosophy] |
| | The 1991 U.S. Sentencing Guidelines mandated ethics compliance programs for all organizations found to be legally culpable. | | | One of the more well known cases of a corporation as a criminal defendant occurred in 1978, the year that Ford Motor Co. was indicted on three counts of reckless homicide by the state of Indiana. | | | It has been troubling that most of the high-ranking executives who were individually culpable for the accounting malfeasance at these companies have been able to avoid legal punishment, but the collective or corporate dimension of the wrongdoing is equally important to address. |
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http://www.iep.utm.edu/c/collecti.htm
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| | Catholic Culture : Document Library : Ignorance—Invincible and Vincible |
| | Conversely, it may have the same effects on one's imputability for a materially righteous act. | | | Vincible ignorance may variously affect one's culpability for a sinful act, depending on the kind of vincibility. | | | Invincible ignorance removes one's culpability for a materially sinful act, whether one of omission or commission (CCC 1793). |
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http://www.catholicculture.org/docs/doc_view.cfm?recnum=1203
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| | rdg: Incompetence and Culpability - Arguments for War |
| | In the effort to buffer the case for war, the administration proceeded with incompetence and a level of deceit. | | | In that sense, they are culpable, not only for their actions in Iraq, but also for the way they have represented the American people. | | | rdg: Incompetence and Culpability - Arguments for War |
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http://www.livejournal.com/go.bml?journal=rdg&itemid=50327&dir=next
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| | SSRN-The Virtue of Necessity: Reshaping Culpability and the Rule of Law by John Parry |
| | Necessity claims create anxiety for courts because they seem to allow ad hoc acquittals, thereby undermining the rule of law-based values such as consistency that we associate with the criminal law. | | | Rather than push necessity and culpability into one or the other of these theories, courts and commentators should reconsider their approach. | | | If culpability and necessity are frameworks within which the decisionmaker employs a shifting mix of factors to determine whether the defendant?s conduct was appropriate and desirable under the circumstances, then that decision cannot be left solely to the discretion of a judge. |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=148012
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| | SP&P 7:2 (Spring 1990) -- Crime, Culpability, and Remedy |
| | SPandP 7:2 (Spring 1990) -- Crime, Culpability, and Remedy | | | Jeffrey Reiman (The American University, Philosophy) and Ernest van den Haag (Fordham University, Jurisprudence and Public Policy), On the Common Saying That It Is Better That Ten Guilty Persons Escape Than That One Innocent Suffer: Pro and Con | | | Peter Arenella (University of California, Los Angeles), Character, Choice and Moral Agency: The Relevance of Character to Our Moral Culpability Judgments |
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http://www.bgsu.edu/offices/sppc/crime.htm
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| | SSRN-Not Guilty by Reason of Blamelessness: Culpability in Federal Criminal Interpretation by John Wiley |
| | The Supreme Court implicitly has been using an new method of statutory interpretation in recent federal criminal cases. | | | I call this new method "the rule of mandatory culpability," because the Court has construed criminal statutes to ensure they reach only morally culpable action. | | | It deserves close attention from federal judges, congressional legislators and staff, lawyers in federal criminal practice, and scholars. |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=192168
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| | Assessing State and City Culpability: The Riot and the Law |
| | Assessing State and City Culpability: The Riot and the Law | | | This essay assesses the culpability of the city and the state of Oklahoma during the riot, questions that are of continuing importance today. | | | The record from the testimony of credible whites before the attorney general and in the Redfearn case, in conjunction with General Barrett's book, demonstrate the involvement of the city in the destruction. |
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http://www.tulsareparations.org/Culpability.htm
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| | GENERAL REQUIREMENTS OF CULPABILITY |
| | (a) Minimum requirements of culpability.--Except as provided in section 305 of this title (relating to limitations on scope of culpability requirements), a person is not guilty of an offense unless he acted intentionally, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense. | | | (h) Culpability as to illegality of conduct.--Neither knowledge nor recklessness or negligence as to whether conduct constitutes an offense or as to the existence, meaning or application of the law determining the elements of an offense is an element of such offense, unless the definition of the offense or this title so provides. | | | (c) Culpability required unless otherwise provided.--When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts intentionally, knowingly or recklessly with respect thereto. |
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http://members.aol.com/StatutesP4/18PA302.html
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| | Harm and Culpability |
| | This excellent collection of papers is centrally concerned with the appropriate conditions for the criminalization of conduct, and in particular with the relationship between harm and criminal liability. | | | The law often insists on some type of wrongfulness as a prerequisite to criminal liability; but most of the contributors to this volume treat harm as the primary component of culpability, and consider wrongfulness as reducible to harm or subsidiary to harm in some other way. | | | These ambitions are fulfilled; but they would be more amply fulfilled if some of the contributors were to free themselves from the unfortunate tendency to see every problem in criminal law as a manifestation of the harm principle and to begin serious work on the problem of relating the notions of harm, wrongdoing, and culpability. |
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http://www.utpjournals.com/product/utlj/473/473_review_stewart.html
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| | Determining Mold Culpability |
| | It has become a three-part play of discovery, remediation and determining culpability. | | | The classic example is when an architect or engineer specifies a building material or schematic and someone—usually the owner—doesn't follow the specifications. | | | From there, the remaining cast is forced to share the blame and their culpability is expressed as a percentage of the total damages. |
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http://www.insurancejournal.com/magazines/southcentral/2002/08/19/features/22997.htm
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| | Bellesiles: Did the Emory Committee Deliberately Try to Avoid Culpability? |
| | It is worth noting, however, that although the committee avoided the culpability question, the report still provided the impetus for Bellesiles's resignation and for the discrediting of Arming America. | | | It even uses a legal sounding phrase-"scholarly care"-where civil trial lawyers would refer to "reasonable care." In this case, scholarly care actually does correspond to reasonable care, because the report compared Bellesiles's conduct to the historical profession's standards (report pp. | | | The first prong requires no finding about Bellesiles's mental culpability. |
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http://hnn.us/articles/1096.html
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| | Public Perceptions of Youth Culpability |
| | On the practical side, this research may provide information about the biases that different groups of people may have toward juvenile perpetrators, and it may illuminate the sorts of information that should be provided to legislators, legal professionals, and mental health personnel who do competence evaluations. | | | In this study, we are using a social psychological technique called "priming" to examine whether the disproportionately harsh treatment of ethnic minority youth in the criminal justice system is influenced by conscious and unconscious stereotypes about these groups' criminal intent and culpability. | | | This research is intended to shed new light on an important and controversial disparity in the criminal justice system between the way ethnic minorities are treated compared to non-minority youth. |
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http://www.mac-adoldev-juvjustice.org/page32.html
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| | culpability - definition of culpability by the Free Online Dictionary, Thesaurus and Encyclopedia. |
| | This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. | | | Bulstrode, which on the one hand would have inclined her to desire that the mildest view of his character should be the true one, but on the other, made her the more afraid of seeming to palliate his culpability. | | | Any culpability which had been imputed to him for negligence and irregularity was removed by the resolution. |
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http://www.thefreedictionary.com/culpability
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| | [No title] |
| | Yet even in their culpability, they were fulfilling a greater mission in the offering of the Lamb of God, which could only take place in that office. | | | Ultimately, the ones who actually drove in the nails, were Roman Soldiers, it was Rome who chose the death of a slave, the death of a rebel, and the death of a treasoner for Jesus who had done nothing more than taught and showed the Kingdom of God. | | | Culpability though can come both from those that direct the death, cause the death to happen or actually perform the murder. |
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http://www.judahsglory.com/culpable.html
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| | Martin Kramer's Sandstorm: Saddam (Hussein) in Court: Who's on Trial? (Elie Kedourie) |
| | It would be an affront to justice to diminish Saddam's criminal culpability by invoking U.S. policy mistakes, however egregious. | | | The decision that left Saddam in power in 1991 was a monumental failure, and one that history has already judged severely. | | | So as things look to me now, the aftermath of the Gulf war seems a tremendous failure for the U.S. As usual, Kedourie shows us the way. |
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http://www.geocities.com/martinkramerorg/2003_12_17.htm
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| | LIMITATIONS ON SCOPE OF CULPABILITY REQUIREMENTS |
| | (a) When culpability requirements are inapplicable to summary offenses and to offenses defined by other statutes.--The requirements of culpability prescribed by section 301 of this title (relating to requirement of voluntary act) and section 302 of this title (relating to general requirements of culpability) do not apply to: | | | Limitations On Scope Of Culpability Requirements / Judiciary@aol.com / last revised December 1999 |
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http://members.aol.com/StatutesP4/18PA305.html
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| | The Media's Culpability for Iraq - by John Pilger |
| | The mere act of believing that some wrongful course of action constitutes an advantage is pernicious. | | | The Media's Culpability for Iraq - by John Pilger |
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http://www.antiwar.com/orig/pilger.php?articleid=3685
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| | A pattern of culpability in Iraq csmonitor.com |
| | But it didn't have to be this way: There were several points in the past 15 months where culpably faulty decisions were made. | | | But the abuses they tell of form only the tip of an iceberg of culpable mismanagement that has characterized the Bush administration's Middle East policy for many months. | | | And how many more people - Americans and others - will be killed before the US reverses this disastrous course? |
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http://www.csmonitor.com/2004/0513/p09s01-coop.html
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| | deseretnews.com New facts on guilt in Mountain Meadows Massacre |
| | Turley told the Deseret News that while the team has found additional evidence of church leaders' culpability, the details won't be made available before publication. | | | We're trying not to lift the curtain too high," not only to create interest in the book itself, but "we still have research ahead of us. | | | In a strikingly candid presentation of the events surrounding the massacre, three LDS Church employees told participants at the annual meeting of the Mormon History Association on Friday that "a willingness to face the facts" is vital to "true reconciliation." |
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http://deseretnews.com/dn/view/0,1249,400009171,00.html
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| | CATHOLIC ENCYCLOPEDIA: Redemption |
| | It would be a crude conception indeed to suppose that the guilt or culpability of men passed from the consciences of men to the conscience of Christ: the penalty alone was voluntarily assumed by the Redeemer and, in paying it, He washed away our sins and restored us to our former supernatural state and destination. | | | The charge of injustice ignores the fact that Jesus, the juridical head of mankind (Ephesians 1:22), voluntarily offered Himself (John 10:15), that we might be saved by the grace of one Saviour even as we had been lost by the fault of the one Adam (Romans 5:15). |
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http://www.newadvent.org/cathen/12677d.htm
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| | Reverse culpability spin - The Washington Times: Commentary |
| | This would appear to be a phenomenon that French author Jean-Francois Revel has called "reversal of culpability." It is particularly disturbing when it is propagated not at secret meetings of Osama-worshipping jihadis but at an "art exhibition" in Oslo, the cosmopolitan capital of Norway, an exceedingly civilized country. | | | Just last month in neighboring Sweden, there was another "art exhibition," this one honoring a woman who murdered 22 people in a Haifa restaurant last fall. | | | Reverse culpability spin - The Washington Times: Commentary |
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http://www.washtimes.com/commentary/20040227-081453-9959r.htm
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| | Bill Clinton's Culpability 1 |
| | Return to The Culpability of William Jefferson Clinton | | | Return to the "War on Terror" Home Page |
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http://www.angelfire.com/md2/Ldotvets/Bubba_73.html
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| | Libya Admits Culpability in Crash of Pan Am Plane |
| | NITED NATIONS, Aug. 15 — Libya today formally accepted responsibility for the 1988 bombing of Pan Am Flight 103 in general language that lacked any expression of remorse for the 270 lives lost when the plane exploded over Lockerbie, Scotland. | | | Libya Admits Culpability in Crash of Pan Am Plane |
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http://www.nytimes.com/2003/08/16/international/middleeast/16NATI.html?ex=1376366400&en=2f59520726e86b54&ei=5007&partner=USERLAND
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| | Literary Encyclopedia: Tate, Nahum |
| | The title characters are both victims of supernatural powers; moral culpability is kept to a minimum. | | | The result is a text considered appropriate for performance by schoolgirls, yet one that is an integral support of one of the greatest masterpieces of English music. |
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http://www.litencyc.com/php/speople.php?rec=true&UID=4317
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| | Vinaya Principles for Assigning Degrees of Culpability |
| | The Buddhist literature that goes into most explicit detail on factors affecting degree of culpability in wrong actions is the Vinaya. | | | While this includes material that goes beyond the scope of ethics per se, it contains much of relevance to ethics. |
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http://jbe.gold.ac.uk/6/harvey991.htm
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