Xiado said:
Sober Thal said:
It doesn't matter that someone tells you commit a crime, it's still a crime.
I disagree. The idea of "crime" is that you're infringing on someone's rights. Giving someone money is not the equivalent of them stealing from you and telling someone to kill you is not the equivalent of them murdering you. The right to life implies the right to death the same way the right to property implies the right to give it away.
You've confused the word "tort" with "crime." Understanding the difference is important in cases like this. Look at the terms assault and battery.
Assault is the act of attacking another human. Battery is the act of physically damaging another human. Both are related, but you never see anyone indicted in criminal courts for battery, and you never see anyone sued for assault. Crimes and torts are different concepts.
A tort is an act that violates the legal rights of an individual. When you kill someone, there is a tort involved... the estate of the person you killed can sue you for that tort. That tort, however, is not murder, or manslaughter. Those are crimes. You cannot sue for crimes, only torts. If Jack D. Rippa kills John Q. Public, the survivor suit would be callled 'The Estate of Mr. J. Public vs Mr. Jack D. Rippa.' No jail time could result of this, only restitution of damages.
A crime is an act that violates social interest. When you murder someone,
it's the state that puts you on trial. If Jack D. Rippa is accused of killing John Q. Public, the case isn't 'The Estate of Mr. J. Public vs Mr. J. Rippa'... it's 'The State of California vs Mr. J. Rippa' or 'The Crown vs Mr. J. Rippa.'
So in this case, the volition of the decedant can absolve the defendant from a wrongful death tort case... the estate could sue the defendant, and if the preponderance of the evidence shows that consent was truly signed, the defendant might be able to escape paying reparations or restitution for damages suffered.
HOWEVER
The crime of manslaughter does not take consent into account. Seeking that consent is currently seen by the state as anti-social behavior, and as such, will not absolve the individual of the
crime inherent in killing someone.
aei_haruko said:
First off, i agree with Xiado on this one, because (to me) a crime must be something nonconsentual, or that harms others in some way.
But unfortunately, crimes are not determined by harm to the individual, but the fact that criminal acts harm society as a whole. Stuff that harms the individual is handled by tort law... by suing.
Cannibalism harms society as a whole, thus, is a crime under the law.