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Inform: The "Eggshell Skull Rule" #12

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DragonflyStats opened this issue Aug 13, 2019 · 0 comments
Open

Inform: The "Eggshell Skull Rule" #12

DragonflyStats opened this issue Aug 13, 2019 · 0 comments

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@DragonflyStats
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DragonflyStats commented Aug 13, 2019

The eggshell rule (or thin skull rule) is a well-established legal doctrine in common law, used in some tort law systems,with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them (Wikipedia)

An analogue of this legal principle can be applied in the determination of Code of Conduct cases.
Whether or not a wrongdoing has occurred is judged by the harm or offfence caused. The absence of an intention to cause harm or offence does not extinguish the wrongdoing.
(Arguably absence of intent would come into consideration when determining an appropriate censure.)

A case where this principle would arguably apply related to an incident at the International Studies Association Conference in 2018. The reported person described the case from his point of view here.

https://quillette.com/2018/11/23/warning-telling-a-lame-joke-in-an-elevator-can-endanger-your-career/

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