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Willful Blindness
In law, willful ignorance is when a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated. In '' United States v. Jewell'', the court held that proof of willful ignorance satisfied the requirement of knowledge as to criminal possession and importation of drugs.Criminal Law – Cases and Materials', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, . The concept is also applied to situations in which people intentionally turn their attention away from an ethical problem that is believed to be important by those using the phrase (for instance, because the problem is too disturbing for people to want it dominating their thoughts, or from the knowledge that solving the problem would require extensive effort). Terminology Willful ignorance is sometimes called willful blindness, contrived ignorance, conscious avoidance, intentional i ...
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Liable
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Liability in business In commercial law, limited liability is a method of protection included in some business formations that shields its owners from certain types of liability and that amount a given owner will be liable for. A limited liability form separates the owner(s) from the business. The limited liability form essentially acts as a corporate veil that protects owners from liabilities of the business. This means that when a business is found liable in a case, the owners are not themselves liable; rather, the business is. Thus, only the funds or property the owner(s) have invested into the business are subject to that liability. If, for example, a limited liab ...
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United Parcel Service
United Parcel Service, Inc. (UPS) is an American multinational corporation, multinational package delivery, shipping & receiving and supply chain management company founded in 1907. Originally known as the American Messenger Company specializing in telegraphs, UPS has expanded to become a Fortune 500, ''Fortune'' 500 company and one of the world's largest shipping couriers. UPS today is primarily known for its ground shipping services as well as the UPS Store, a retail chain which assists UPS shipments and provides tools for small businesses. UPS offers Air cargo, air shipping on an overnight or two-day basis and delivers to post office boxes through UPS Mail Innovations and UPS SurePost. UPS is the largest courier company in the world by revenue, with annual revenues around US$85 billion in 2020, ahead of competitors DHL and FedEx. UPS's main international hub, UPS Worldport in Louisville, Kentucky, is the List of busiest airports by cargo traffic, fifth busiest airport in the ...
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Ignorance Of The Law
In law, (Latin for 'ignorance of the law excuses not'),''Black's Law Dictionary'', 5th Edition, p. 672 or ('ignorance of law excuses no one'),''Black's Law Dictionary'', 5th Edition, p. 673 is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content. European-law countries with a tradition of Roman law may also use an expression from Aristotle translated into Latin: ('nobody is thought to be ignorant of the law') or ('not knowing the law is harmful'). Synopsis The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal offenses or a subject of a civil lawsuit would merely claim that one was unaware of the law in question to avoid liability, even if that person really does know what the law in question is. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently. Although it would be imposs ...
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Turning A Blind Eye
Turning a blind eye is an idiom describing the ignoring of undesirable information. The Oxford English Dictionary records usage of the phrase in 1698. The phrase ''to turn a blind eye'' is often associated with Vice Admiral Horatio Nelson at the Battle of Copenhagen in 1801. An orchestrated version of what actually happened gives the story that during the battle, Admiral Sir Hyde Parker, in overall command of the British forces, sent a signal to Nelson's forces ordering them to discontinue the action. Naval orders were transmitted via a system of signal flags at that time. When this order was brought to Nelson's attention, he lifted his telescope up to his blind eye, saying, "I have a right to be blind sometimes. I really do not see the signal," and most of his forces continued to press home the attack. The frigates supporting the line of battle ships did break off, in one case suffering severe losses in the retreat. There is a misconception that the order was to be obeyed at ...
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Plausible Deniability
Plausible deniability is the ability of people, typically senior officials in a formal or informal chain of command, to deny knowledge or responsibility for actions committed by or on behalf of members of their organizational hierarchy. They may do so because of a lack of evidence that can confirm their participation, even if they were personally involved in or at least willfully ignorant of the actions. If illegal or otherwise disreputable and unpopular activities become public, high-ranking officials may deny any awareness of such acts to insulate themselves and shift the blame onto the agents who carried out the acts, as they are confident that their doubters will be unable to prove otherwise. The lack of evidence to the contrary ostensibly makes the denial plausible (credible), but sometimes, it makes any accusations only unactionable. The term typically implies forethought, such as intentionally setting up the conditions for the plausible avoidance of responsibility for o ...
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Willful Violation
In the North American legal system A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is th ... and in US Occupational Safety and Health Administration regulations, willful violation or willful non-compliance is a violation of workplace rules and policies that occurs either deliberately or as a result of neglect. Definition Willful violation is defined as an "act done voluntarily with either an intentional disregard of, or plain indifference to," the requirements of Acts, regulations, statutes or relevant workplace policies. This is described with slightly different emphasis in an OSHA technical manual that a "willful violation exists under the Act where the evidence shows either an intentional violation of the Act or plain indifference to its requirements." Criminal recklessness is s ...
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Wilful Blindness (2011 Book)
''Wilful Blindness: Why We Ignore the Obvious at Our Peril'' is a non-fiction book by businesswoman and writer Margaret Heffernan. The book was first published in 2011 by Walker & Company. Overview ''Wilful Blindness'' delves into the psychology behind why individuals and institutions often choose to ignore or overlook evident, harmful information or truths, even when acknowledging them would lead to better outcomes. Heffernan utilizes real-world examples such as the Enron scandal and the Catholic Church sexual abuse cases. The book covers a range of fields including psychology, history, neuroscience, and social behavior to explain how institutional and individual failure often results from willful blindness. Heffernan discusses various factors that contribute to this phenomenon, such as cognitive dissonance In the field of psychology, cognitive dissonance is described as a mental phenomenon in which people unknowingly hold fundamentally conflicting cognitions. Being confron ...
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Vincible Ignorance
Vincible ignorance is, in Catholic moral theology, ignorance that a person could remove by applying reasonable diligence in the given set of circumstances. It contrasts with invincible ignorance, which a person is either entirely incapable of removing, or could only do so by supererogatory efforts (i.e., efforts above and beyond normal duty). Doctrine of vincible ignorance It is culpable to remain willfully ignorant of matters that one is obligated to know.George Hayward Joyce, "INVINCIBLE IGNORANCE", in James Hastings, John A. Selbie, and Louis H. Gray (eds.), ''Encyclopædia of Religion and Ethics'' (Edinburgh; New York: T. & T. Clark; Charles Scribner’s Sons, 1908–1926), p. 403. While invincible ignorance eliminates culpability, vincible ignorance at most mitigates it, and may even aggravate guilt. The guilt of an action performed in vincible ignorance ought to be measured by the degree of diligence or negligence shown in performing the act. An individual is morally respo ...
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Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring t ...
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Agnoiology
Agnoiology (from the Greek ἀγνοέω, meaning ignorance) is the theoretical study of the quality and conditions of ignorance, and in particular of what can truly be considered "unknowable" (as distinct from "unknown"). The term was coined by James Frederick Ferrier, in his ''Institutes of Metaphysic'' (1854), as a foil to the theory of knowledge, or epistemology Epistemology is the branch of philosophy that examines the nature, origin, and limits of knowledge. Also called "the theory of knowledge", it explores different types of knowledge, such as propositional knowledge about facts, practical knowle ....Roy Dilley, "The Construction of Ethnographic Knowledge in a Colonial Context", in ''Ways of Knowing: Anthropological Approaches to Crafting Experience and Knowledge'', edited by Mark Harris (New York and Oxford, 2007), pp. 139-140. References {{epistemology Epistemology ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of Copyright#Scope, works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to produce derivative works. The copyright holder is usually the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in Civil law (common law), civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, or the fraudulent imitation of a product or brand, is sometimes prosecuted via the criminal justice system. Shifting ...
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File-swapping
File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audio, images and video), documents or electronic books. Common methods of storage, transmission and dispersion include removable media, centralized servers on computer networks, Internet-based hyperlinked documents, and the use of distributed peer-to-peer networking. File sharing technologies, such as BitTorrent, are integral to modern media piracy, as well as the sharing of scientific data and other free content. History Files were first exchanged on removable media. Computers were able to access remote files using filesystem mounting, bulletin board systems (1978), Usenet (1979), and FTP servers (1970's). Internet Relay Chat (1988) and Hotline (1997) enabled users to communicate remotely through chat and to exchange files. The mp3 encoding, which was standardized in 1991 and substantially reduced the size of audio files, grew to widespread use in the ...
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