Is there a universal definition of a crime?
score:2
tort /tɔːt/ Learn to pronounce nounLAW
a wrongful act or an infringement of a right (other than under contract) leading to legal liability.
"public nuisance is a crime as well as a tort"
What is negligence?
Negligence is a failure to take reasonable care to avoid causing injury or loss to another person. There are four steps in proving negligence. The plaintiff must prove:
that there is a duty in the circumstances to take care duty of care
that the behaviour or inaction of the defendant in the circumstances did not meet the standard of care which a reasonable person would meet in the circumstances (breach of duty)
that the plaintiff has suffered injury or loss which a reasonable person in the circumstances could have been expected to foresee (damage)
that the damage was caused by the breach of duty (causation).
Whenever you want to do a bodily action, you should reflect on it: 'This bodily action I want to do — would it lead to self-affliction, to the affliction of others, or to both? Would it be an unskillful bodily action, with painful consequences, painful results?' If, on reflection, you know that it would lead to self-affliction, to the affliction of others, or to both; it would be an unskillful bodily action with painful consequences, painful results, then any bodily action of that sort is absolutely unfit for you to do
MN 61
The kings are informed of someone’s bad deed: ‘While under the influence of alcoholic drinks that cause negligence, this person murdered a woman or a man. Or they stole something from a village or wilderness. Or they had sexual relations with women or maidens under someone else’s protection. Or they ruined a householder or householder’s child by lying.’ Then the kings have them arrested for being under the influence of alcoholic drinks that cause negligence, and execute, imprison, or banish them, or do what the case requires. Have you ever seen or heard of such a case?
Sir, we have seen it and heard of it, and we will hear of it again.
AN 5.178
Upvote:1
So, what delineates a crime within Dhamma/Buddhism?
There's the concept of wholesome/unwholesome kamma (volitional-action), which could be a super-set to the crime concept in common law. For example, if one has the intent to kill, steal, rape, lie, or indulge in intoxicant, but has NOT physically carried them out, s/he has not committed a crime per the common law; but s/he already has committed an unwholesome mental kamma per the Buddhist teaching. Similarly, if one verbally utters words with anger like: "I'm gonna kill you" without actually killing, it's not a crime per the common law, but it'd be an unwholesome verbal kamma according to the Dhamma.
Upvote:1
simply intentional act of doing,maintain,perform or support unwhosme or social norm called bad act which is directly motivated by desire (thanha). In buddhism it explained(of course this is universal) as : "chethanahan bikkawe kamman wadami" mean "intention is action(KARMA)". in modern day whole legal system is centered on this statement. ex. doctor and murderer doing same action with knife but work on two different intentions. the ultimate purpose of any legal investigation or proceeding focus on clarify and isolate exact intention(chethana) behind the act. if you need more explanation please don not hesitate to question on this.
Upvote:1
Good householder, interested,
As co-existence will always cause hurt of others, laws and means of punishment, or try to compensate refraction, are always just confentions and it would be impossible to define acts in ways which could discriminate without failures, not even theoretical since it's firt all a dual matter and second, the root of all actions is intention, hard to trace even for the actor. Less laws therefore give much value on intention to judge, yet hurt could be caused by other then the subjected actor and with no intent of the actor at all.
Nevertheless the "universal law of kamma and vipaka", cause and effect, does it's cause but is not sufficent enough for satisfaction of a sociaty since it is often perceived as un-just and does not primarly serve a particuar sociaty.
The only "law" and resolve-system that the Buddha gave was the Vinaya for his founded sociaty of monks, the Sangha.
Of what is a "crime" within other sociaty he put much effort into explain the Silas, the 4 basic precepts (taking existance, taking others, abuse, not speaking truth) and causing heedlesness for it. Yet the "judge", cause and effect, acts alone and no other punishment, compensation system could work instead.
Of what is wrong, an universal crime,and what is right, the Buddha gave the 10 wholesome and 10 unwholesome actions, ku-sala (ku = bad, sala= cutting away, bad-cutting off) and a-ku-sala (not cutting bad off).
In regard of duties, there are also set out formulations for his monks but in regard of his lay followers in this Buddha-parisa, there is nearly no compensation tool defined, if violating, since the lay people still have certain others peoples laws to follow and this would cause sociaties conflict. A set of duties for lay people in particular relations is found in the Sigalasutta in a "if then" manner, a law to maintain a relation well.
Right view is the base to understand the universal law.
It's very simple, Dhamma, the universal law, good actions bring good results, bad, bad and to overcome all crimes, one needs to abound touch, the cause of good and bad, touch of avijja, not knowing.
A good read to understand better is Wisdom over Justice and Justice vs. Skillfulness.
Phenomena are preceded by the heart, ruled by the heart, made of the heart. If you speak or act with a corrupted heart, then suffering follows you — as the wheel of the cart, the track of the ox that pulls it.
Phenomena are preceded by the heart, ruled by the heart, made of the heart. If you speak or act with a calm, bright heart, then happiness follows you, like a shadow that never leaves.dhp
Possible more on it, updated and corrected answer, as well as given proper space to further ask or discuss, here: Q&A Is there a universal definition of a crime?.
(Note that this is not given for stacks, exchange, trade, commercial purpose, but to escape this wheel)
More post
- 📝 What is known about the years of oral tradition of the Pali Canon?
- 📝 What did the Buddha mean by 'development of the body'?
- 📝 How does Buddhism deal with failure?
- 📝 Would zen Buddhists agree with this quote from Chih-I?
- 📝 Mindfulness Vs Void
- 📝 Does Buddhism endorse pacifism in times of injustice?
- 📝 How does the reference system of the Majjhima Nikaya work?
- 📝 How do handle termite/white ant
- 📝 Does Zen Buddhism have canonical texts?
- 📝 In Dependent Co-Arising, is Dukkha a Sankhara, a Vedana, both, or none?
- 📝 Did the Buddha tell how to visit another part of universe via meditation?
- 📝 Why do I have swaying/floating feeling after completing 10 day Vipassana course?
- 📝 How to combine Orthodox Christianity and Buddhism?
- 📝 Is rebirth a delusional belief?
- 📝 Can you reach the substrate consciousness through visualization practices
- 📝 Over control and energy dissipation
- 📝 Do Chinese-language publications about Zen Buddhism usually use Simplified or Traditional Chinese?
- 📝 When to delight and when not to delight?
- 📝 Evidence of determinism in DN 2 Samaññaphala Sutta? Was the King already a faith follower?
- 📝 Identification of Buddhist saints or sages
- 📝 What is the difference between mindfulness and detachment?
- 📝 Fun teaching techniques for children meditation class
- 📝 Right livelihood - how many cutouts is enough?
- 📝 GAUTAM -Buddha(BUDDHADEV) and The capability of having several lives for an ordinary man or hallucination?
- 📝 Civilization based on the teachings of Buddha
- 📝 Why should Mahayana practitioners strive for anything at all?
- 📝 What is the difference between transcendental state of mind and Nirvana?
- 📝 To what extent do Zen students study Dhamma?
- 📝 What is the mean of 'samma ditti' in Ariya-Ashtanga Marga?
- 📝 May I Still Take Refuge In the Triple Gem?
Source: stackoverflow.com
Search Posts
Related post
- 📝 Is there a universal definition of a crime?
- 📝 Is there a mistranslation of definition of ignorance?
- 📝 Are there universal experiences associated with seeing through individual aggregates?
- 📝 If there is no soul, how can there be rebirth?
- 📝 Why do Buddhists believe there is no creator?
- 📝 Why isn't there a Buddhist Bible?
- 📝 Are there any living enlightened people?
- 📝 Is there any benefit in learning Pali or Sanskrit?
- 📝 Is there a story or a mentioning about masturbation in the Buddhist teachings?
- 📝 Is there any such thing as a bad meditation?
- 📝 Are there pictures/paintings of Nirvana?
- 📝 If there is no self, why do anything?
- 📝 Is there an Orthodox Buddhism?
- 📝 Are there any differences in karma?
- 📝 Is there any significance to shaving the head?
- 📝 Are there different types of emptiness (Śūnyatā)?
- 📝 Are there any alternative formulations of the five skandas?
- 📝 Is there a tradition or practice involving fasting in Buddhism or Buddhist countries?
- 📝 Is there evidence of a Buddhist influence on Greek Stoicism?
- 📝 Are there examples of the Buddha showing humour in the Pali Canon?
- 📝 Are there Theravada meditation retreats that allow one to work for room and board?
- 📝 What if there was no one to offer food to monastics?
- 📝 If there is no soul or self, why did the Buddha speak of his past lives?
- 📝 What is Buddhist law of marriage ? Is there any?
- 📝 How does Buddhism explain consciousness if there is no self?
- 📝 Is there any proof of Karma theory & rebirth?
- 📝 If there are no past and future lives, why should we practice Buddhism?
- 📝 Is there an equivalent of heaven and hell in Buddhism?
- 📝 Is there a historical connection between Buddhism and martial arts?
- 📝 Is there any extreme of physical pain that a fully enlightened person would find unpleasant on any level?