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Updated: May 21, 2025
Peter left his office to escape telephoning Charity, but he could imagine how the message crushed her. He felt as if he had stepped on a hurt bird. When he met Zada he kept trying to be patient and forgiving with her, in spite of her blameworthiness. Zada saw through his sullenness, and for a little moment was proud of her victory. Then she began to suffer, too.
But furthermore, on the same principle, the danger which in fact exists under the known circumstances ought to be of a class which a man of reasonable prudence could foresee. Ignorance of a fact and inability to foresee a consequence have the same effect on blameworthiness. If a consequence cannot be foreseen, it cannot be avoided.
It is not intended to deny that criminal liability, as well as civil, is founded on blameworthiness. Such a denial would shock the moral sense of any civilized community; or, to put it another way, a law which punished conduct which would not be blameworthy in the average member of the community would be too severe for that community to bear.
The associations of Disgrace, even when not sufficient to restrain the performance of acts abhorred by mankind, are able to produce the horrors of Remorse, the most intense of human sufferings. The love of praise leads by one step to the love of Praiseworthiness; the dread of blame, to the dread of Blameworthiness.
So timid was Charlotte in Somerset's presence, that her timidity at this juncture amounted to blameworthiness. The distressing scene which must have followed a clearing up there and then of any possible misunderstanding, terrified her imagination; and quite confounded by contradictions that she could not reconcile, she held her tongue, and nervously looked out of the window.
An intermediate position is occupied by those who, while recognizing that the freedom of man's will is not absolute, hold that at least a remnant of freedom must be conceded to the human will, because otherwise there would no longer be any merit or any blameworthiness, any vice or any virtue, etc.
No doubt the general foundation of legal liability in blameworthiness, as determined by the existing average standards of the community, should always be kept in mind, for the purpose of keeping such concrete rules as from time to time may be laid down conformable to daily life.
Supposing it now to be conceded that the general notion upon which liability to an action is founded is fault or blameworthiness in some sense, the question arises, whether it is so in the sense of personal moral shortcoming, as would practically result from Austin's teaching.
But of her own feelings she could not speak the awful anxiety and remorse; the sense of responsibility and blameworthiness that filled her; her remembrance of Anna's sacrifice for Dan the night she saved his life; her dread of what they might see or hear those were feelings too deep for words.
For it is precisely to those who are most likely to err by temperament, ignorance, or folly, that the threats of the law are the most dangerous. The reconciliation of the doctrine that liability is founded on blameworthiness with the existence of liability where the party is not to blame, will be worked out more fully in the next Lecture.
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