An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law.
Mens rea is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes.
In the context of United States law, originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the constitution must be interpreted based on the original understanding of the authors or the people at the time it was ratified. This concept views the Constitution as stable from the time of enactment, and that the meaning of its contents can be changed only by the steps set out in Article Five. This notion stands in contrast to the concept of the living constitution, which asserts that the Constitution is intended to be interpreted based on the context of the current times, even if such interpretation is different from the original interpretations of the document.
In literary theory and aesthetics, authorial intent refers to an author's intent as it is encoded in their work. Authorial intentionalism is the view, according to which an author's intentions should constrain the ways in which it is properly interpreted.
"The Death of the Author" is a 1967 essay by the French literary critic and theorist Roland Barthes (1915–80). Barthes' essay argues against traditional literary criticism's practice of incorporating the intentions and biographical context of an author in an interpretation of a text, and instead argues that writing and creator are unrelated. The title is a reference to Le Morte d'Arthur, a 15th-century compilation of smaller Arthurian legend stories, written by Sir Thomas Malory.
In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. Actual ability to carry out the apprehended contact is not necessary. In Criminal Law an assault is defined as an attempt to commit battery, requiring the specific intent to cause physical injury.
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable for injuries no matter what precautions were taken.
The Latin adverb sic inserted after a quoted word or passage indicates that the quoted matter has been transcribed or translated exactly as found in the source text, complete with any erroneous, archaic, or otherwise nonstandard spelling. It also applies to any surprising assertion, faulty reasoning, or other matter that might be likely interpreted as an error of transcription.
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as: intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
In criminal law, intent is a subjective state of mind that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is scienter: intent or knowledge of wrongdoing.
The letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, one is obeying the literal interpretation of the words of the law, but not necessarily the intent of those who wrote the law. Conversely, when one obeys the spirit of the law but not the letter, one is doing what the authors of the law intended, though not necessarily adhering to the literal wording.
The Piracy Act 1837 is an Act of the Parliament of the United Kingdom. It abolished the death penalty for most offences of piracy, but created a new offence often known as piracy with violence, which was punishable with death. This offence still exists in the United Kingdom and in the Republic of Ireland, but is no longer punishable by death in either country.
Intentional Software is a software company that designs tools and platforms that follow the principles of intentional programming in which programmers focus on capturing the intent of users and designers, and spend as little time as possible interacting with machines and compilers. Its tools include language workbenches, tools that separated software function from implementation, and allowed 'language-focused' development. This allowed automatic rewriting of code as expert knowledge of implementation options changed. The company later began developing a platform for improving productivity of software groups.
Terry Michael Barrett is an American art critic, and Professor Emeritus at The Ohio State University. His many books, anthology chapters, and articles about contemporary art, art criticism, aesthetics, and the teaching of these, have had a significant impact on the field.
The purposive approach is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment within the context of the law's purpose.
Intentism is "among the important art movements of the 21st century" founded by Vittorio Pelosi. Intentists include Professor of Philosophy Paisley Livingston, author of Art and Intention, and Professor of Philosophy William Irwin, author of Intentionalist Interpretation.
Intentism is a "reaction against the de-emphasis of the author intentionalism in the latter portion of the 20th century – which claims that the meaning of the work is found in the author’s intention and not the interpretation of the viewer."
Intentists have staged various exhibitions and have spoken at Universities including the University of the Arts London. In 2009 their manifesto was published in Intentism - The Resurrection of the author.
Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government.
Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents and legislation. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
