I may need change the term. My vocabulary is in the balance of a prime factor, shifting to lefthanded in the negotiation with parkinson's. I was never a succesful communicator.
A particular of my opposition to Kant(ian) is that it demands memory, the categorical imperative, and one committed to a single persona that has to be remembered. So you are out, segregated, if you fail with memory toward the imperative, and you will fall foul of the imperative by acting on a memory that others deem errorful or in a ill will.
So firstly my version is that you only have to think about what you do. You may not remember, you may not be much able to remember enough before you act. That anyone - there's no private or public prosecution distinction here (police are for being on call to deal with troublings, to find and apprehend the troubling, to assist or dismiss citizens arrest (as per, give or take the typical definition) - can you bring you to trial.
The sense of competency does not at all mean you can be found generally competent and therefore let off the charge - which no matter how complicated would be on simple codification - for the point is to establish if your general or specific competency is employed by you to pretend otherwise on an issue, or it is entirely a pretense and your general competency is pretense. The specific offence, in terms of what results from establishing the status of your competency is prior to trial agreed by the aggrieved and a judge. The examination in trial, which needs jurors capable of examining the charge and those called on to give evidence or examine, can allow the judge to alter the charge. The aggrieved can also be brought to trial within that trial.
Outside of those deemed a danger to others who would face forseeable permanent incarceration, it is the restriction of liberty, wealth accumulation or specific employments that are to be established through trial by the judge.
This is simple sketch of what I think the law entirely absents from scrutiny. A difficulty is jury selection, I'd guess it should be voluntary and, maybe, limited to those who have been prosecuted, even successfully.
I haven't exercised much on this. I'd rather some did. Yes, I have read a lot of theory on justice. I've also seen the hits and misses of legal systems and I am persuaded by calls to think how it can be with police reduction, not as numbers only as activities and powers. I'm still not seeing the sociologists circling on this enough.
I'm doing a these things as footnotes to twitter @247ofthat, by the way.
23:7:21 Maybe a near elephant pregnancy duration since I was (re)introduced - and tweeted - to the existence of Pudendorf.
So this lecture - I've skipped the q&a, where the speaker may position himself - is as good as it gets (unless you've a lot of money, or a supportive dept) and gets how it is tough to track Pudendorf. Note I'm not aligned to Natural Justice. I've read of Grotius, it is pretty much the old story - well, democracy is there etymologically - of the maritime rule departing from what would be a pentecostal adherence to the chicanery of the 12 tables. Dedicatees of the maddening in divine arts and "symbolic" will have clues that science and shipping were a solid compact, a secrecy, before the Harrison chronometer controversy. And that I've said there's a novel in that, I fear that horror Neal Snowcrash get one squeezed out. Pynchon, in which we trust?
The link https://youtu.be/fC-W7tPLp9c