Every citizen who has suffered from any malicious actions of other persons is entitled to legal protection. The person always experiences the losses painfully, whatever they may be, and if there is a culprit of these torments, he must bear responsibility for this. The concept of moral harm reflects this suffering legally. The concept of “moral damage” everyone can understand in different ways. However, the area of compensation for pain and suffering is very difficult to determine, as well as to put some limits on the amount a victim can receive for damages.
On the one hand, the legislator interprets this concept as moral or physical suffering caused by actions that encroach upon intangible benefits belonging to a citizen from birth or by law (life, health, personal dignity, business reputation, privacy, personal and family secrets, etc.), or violating one’s personal non-property rights, or violating the property rights of a citizen. On the other hand, moral harm, in particular, may consist in moral sufferings in connection with the loss of relatives, the inability to continue active social life, loss of work, physical pain related to the injury, other damage to health, or due to illness, etc. It means that causing personal injury is deemed criminal if it is directly related to the behavior that constitutes a crime, which requires proof of the intent or gross negligence of the person who caused the harm in relation to causing death or harm to the health of another person (Krauss, 2014).
Observing
the area of limits on the amount a victim can receive in court for damages, it
can be said, using the above mentioned information, that the key point for
qualifying an act as criminal is its subjective side (intent or gross
negligence), but the actual amount of damage is not decisive for declaring an
act criminal. However, some objective scale of sufficiency or insufficiency is
hardly possible here, but in a relative perspective, this is noticeable in
comparison with how much the victims assess their sufferings in the lawsuit.
Work Cited
Krauss, M. “Pain And Suffering And The Rule Of Law: Why Caps Are Needed.” Forbes, Apr 17, 2014. Available at https://www.forbes.com/sites/michaelkrauss/2014/04/17/pain-and-suffering-and-the-rule-of-law-why-caps-are-needed/#7e9bf74d799c
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"The terms offer and acceptance." freeessays.club, 17 May 2016
"The terms offer and acceptance." freeessays.club, 17 May 2016
"The terms offer and acceptance." freeessays.club, 17 May 2016
"The terms offer and acceptance." freeessays.club, 17 May 2016