X-Loop: openpgp.net
From: "Jim Choate" <[EMAIL PROTECTED]>

> > That's the reason that tentative is punished (almost) as if it
succeeded.
>
> Tentative means to 'try as a trial'. I don't think this is the word you're
> looking for.

This might be a false friend; "tentative" in Romanian means "attempt".

> The point that you're missing is that a person waiving a gun around is
> itself a clear and present danger, whether the trigger gets pulled
> intentionaly or not.

"Waiving" is undefined. Are you advocating shooting cops who are following
criminals with guns in their hands? Carelessness should still be punished,
but this is different from "shooting a gun at random in a crowd and failing
to hurt anybody".

> If by failing to act you are prevented from ever acting then it is
> justified provided it is clear the other party intends to act (and yes,
> waiving a gun around demonstrates intent). Trying to claim that one only
> has a right to self defence after one is dead is either confused thinking
> or indication of an alterior motive.

I'm not claiming anything like this; you're confusing me with someone else.
Clear and present danger is a correct justification for acting. I agree with
Ayn Rand here (something which I don't do often), in cases of emergencies
all bets are off, you don't start calculating the odds of hurting an
innocent man when someone is attacking you.

Mark





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