Фото: Arafat Barbakh / Reuters
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Such cases suggest that the transferred intent fiction is most plausibly understood as an extremely coarse fictional device by which the law roughly tracks one dimension of the more general moral phenomenon articulated by CFD*: The scope of an actor’s remedial moral responsibility for the materialization of the risks of injury posed by his action is sensitive to his degree of culpability for imposing the risks in question. Is it implausible to suppose that the law should implement its underlying moral principles with so coarse a device? No; we will see several more such coarse devices below. Before that, however, it is worth dwelling a bit more on one of the doctrinal phenomena we have just encountered, and others in its vicinity.