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Thread: TO ADVERT and CAPACITY

  1. #1 TO ADVERT and CAPACITY 
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    "once we are clear about what it is to advert"


    What does TO ADVERT and CAPACITY mean, here?


    Source:


    Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff - Google Books


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  3. #2  
    Genius Duck Moderator Dywyddyr's Avatar
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    Quote Originally Posted by nima_persian View Post
    "once we are clear about what it is to advert"
    What does TO ADVERT and CAPACITY mean, here?
    Source:
    Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff - Google Books
    1. To turn attention. Used with to: The board next adverted to compensation issues.

    2. To call attention; refer. Used with to: He adverted to the problem in the opening paragraph. See Synonyms at refer.

    a. The ability to receive, hold, or absorb.

    b. Abbr. c. A measure of this ability; volume.


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  4. #3  
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    In this context, it think it means to be aware of some harm you are causing. If you are unaware, then the harm is inadvertent, so you may be liable for the damage due to your negligence, but not criminally responsible. If you advert, then you are aware, and if you continue the harmful action you would be committing a crime.
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    once we are clear about what it is to advert the next question concerns what it means to say that one either has or lacks the capacity to advert.



    Could you please concerning the sentence above analyse the sentence and these words? or What does TO ADVERT and CAPACITY mean, here?
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  6. #5  
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    Or, what does THE CAPACITY TO ADVERT mean?

    Moreover, I can not find the meaning of ADVERT AND ADVERT TO here
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  7. #6  
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    The capacity to advert means the ability to recognize that you are doing something wrong. A person who is clinically insane would not be able to understand that what they are doing is wrong. They would not have the capacity to advert. Others who are not clinically insane could still be self-deluded. Then it is less clear whether they have the capacity to advert or not.

    I couldn't find the meaning in any dictionary, but I think you can pick it up from reading the article.
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    Quote Originally Posted by nima_persian View Post
    Thank you so much. And my last questions: Would you please tell me the meaning of ADVERT TO?-HERE.
    I'm not sure I can explain it any more than I already have. Advert to means to be aware of. For example, if you advert to the risk of driving under the influence of alcohol, then you are aware of the risk of driving under the influence of alcohol.


    Moreover, Could you possibly tell me what the following means, considering the sentence above?

    the capacity to have adverted to the risks his behaviour posed.
    The capacity to have adverted to the risk means the ability to understand the risk. For example, most people know that there is a risk to driving under the influence of alcohol. If they are sane and reasonably intelligent, then we can assume they have the ability, or capacity to advert to the risk.


    S
    Now we are getting into a deep philosophical question. Does anybody really have the capacity to do something other than the thing that they did? It's a question of free will, which some people don't think even exists. But for the purpose of law, we assume that people do have free will and can choose the right thing. A person who does not legally have the capacity to do other than what they did would have to be either legally insane, or otherwise incapable of knowing they did anything wrong. There was an example in the news of a couple who killed their child by forcing her to drink several liters of grape soda as punishment for drinking some soda without permission. They should have known it was dangerous to force the child to drink too much, but they probably didn't know. In order to prove criminal liability, the prosecutors will have to show that they had the capacity to do other than what they did, which I suppose would mean that they were smart enough, had access to the medical information about the risk, and so forth.
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    Thank you so much, but I can not understand what these are meant?
    other than the thing that they did


    other than what they did


    knowing they did anything wrong.
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  11. #10  
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    Hmm. I wonder if we are having a problem of cultural understanding rather than just learning a language. I understand that some languages don't have a subjunctive mood, and people don't think in terms of what could have been or might have been. I heard a TED talk about that one time. Could that be the case here?
    Subjunctive mood - Wikipedia, the free encyclopedia
    Does The Subjunctive Have A Dark Side? : NPR
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  12. #11  
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    I am sure that the whole what you have just said me I got. And, thank you so much.



    What does what it is to advert" mean?
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