Philosophy 2080 Lecture Notes - False Imprisonment, Capitalism, Qualified Privilege
5 Feb 2013
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Q: distinguish between the civil and criminal aspects of intentional torts, such as assault and battery or false imprisonment. A: there is always the simple distinction between any tort and a criminal offence. The tort is the notion of private redress for intentional interference, and usually involves the wrongdoer paying money to the harmed individual. Criminal law is pursued by the state, monetary compensation to the individual harmed is seldom the remedy, and the purpose is to deter the individual wrongdoer from future acts, as well as deter the public at large. The goal of criminal law is to punish and deter. A private tort does not result in a prison term for the party liable. Next, consider assault is defined under the criminal code in the same terms as battery in tort law, i. e. the intentional application of force on another person without their consent. Assault in tort law is the threat of violence.
