inadvertent negligence. Negligence in which the actor is not aware of the unreasonable risk that he or she is creating, but should have foreseen and avoided it. (Black's Law, 7th ed.)
In other words....I should have know better....But let us catch up....
Everything you do, or fail to do, has a consequence. For my best friend the Marine, he is learning this lesson in the hardest of ways. He is learning that every decision he makes affects the lives of those under his command. This surprisingly he learns from the safety of a classroom, and the structure of the Quantico, VA Officer Candidate School.
He is currently in his eighth week of training, and by the grace of the universe, was able to see me this last weekend. He is bruised, and he is tired, but most of all he is AFFECTED. He has begun to evaluate his life in the way in which He is currently now being evaluated. He shares his life lessons with me.
"You are evaluated on results, not intentions."
(--Hmmm, funny, I'm sure mens rea and common law say otherwise...but let us forget that for now)
Currently, he has taken this philosophy to heart. Undoubtedly they "drill" this home, by reading the names of the Marines that have passed, since he first started his journey. To date, there are three.
They explain, these are the sons, husbands, fathers, friends, and loved ones, that HE may one day be responsible for.
My Marine takes these speeches to heart, and I am proud; and yes, too an extent I think the philosophy and scare tactic of this drill is in the right. Sometimes one person is placed in a position of responsibility. To know and own up to this responsibility--to knowingly go into a situation--where one mush shoulders these duties, is a heavy thing. I'm proud to say my Marine has some pretty broad shoulders.
What slaps me in the face about it all is how each action, or inaction, can be applied to every day life. My Marine states, in personal relationships, either the person saying they loves you shows you, proves it, every day, or they don't. By NOT acting, a choice has been made.
Which brings us to the law.
A personal tort, is a tort (civil wrong, which someone may be legally held accountable for) involving or consisting of an injury to one's person, reputation or feelings, as distinguished from an injury or damage to real or personal property.
A negligent tort....well, I'm sure you can figure it out....
Interestingly enough, in my snow globe of a universe this all fits together.
Days like today are filled with these personal torts, so to say. For instance sometimes what a person has said or failed to say causes injury to one's person, reputation, or feelings.
Not protecting one's reputation causes hurt.
Protecting one's reputation causes hurt.
Being dismissed in person, via phone, comment, or text message may hurt.
Now while the American public may not act (and I daresay is not permitted, Dei gratia) on this legal plunder for civil remedy, I daresay perhaps EVERY person may act just that much better if we were held accountable for all of our actions. I daresay, we would think twice if we always knew we EFFECTED.
Just when we think our letters truly are to no one, or that we are not heard, we are.
The comments from rdautumnsage proved that to me. Her thoughts while more focused than my own, relay the same message I'm learing today. -(http://journals.aol.com/rdautumnsage/ravens-lament/).
To her, and to you my little universe I say thank you, and Mitakuye Oyasin....we are all related.
Now, on another and yet more personal note, I suppose I should have known....
I leave you with an excerpted songs and a link tonight:
So take a step back
And a breath in
Let it out now
Put your chin up
You can do it tiger
You a man now
And in your dream it's time to do the best you can now
We bring ourselves down
And build ourselves up in disappointment
How fragile we are
So fragile we are, we just don't show it
We'll shake up this town
And shoot down the stars for our enjoyment
So sexy we are
So sexy we are, we just don't know it
(Gym Class Heroes, Shoot Down the Stars)
http://www.sethsbase.com/notwithstanding.htm
The whole album is good, but tonight I'll listen to "Just If I."
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Everyone has a voice, some louders than others. You take the time to look at life and where it's headed. So many don't....those same people tend to take action without thinking of what those actions may do to another. Someone once told me you are responsible to no one but yourself, my reply was unfortunately no. If you walk away from someone who needs help in a criminal setting, your just as guilty as the person creating the crime. It's a small world, someone always needs someone. (Hugs) And yes, I am listening and here for you. Indigo