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Applying the legalistic approach, we cannot judge someone against an independently existing standard if they lack the capacity to appreciate or intend the consequences of them breaching that standard.
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First of all, you are making great presumptions about what might or might not be included in the standard.
Second, my point was that if the standard is out there, then our perceptions (and even our existence) are irrelevant to it. That was why I said that questions of application didn't really belong. True, I did make a passing remark about application (which you've seized on) but that was not my primary point.
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The crossing the line, crossing over into other peoples morals.
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Now I'm slightly confused. Do you mean that crossing into other people's morals is evil or that causing physical harm is evil...or both?
EDIT...typed before I saw The Saucepan Man's last post.