What is the word for this?

[Mary Terry]

Doesn’t “negligence” apply to acts of omission only (i.e. not doing things and causing harm by not doing them) rather than acts of commission (actively doing something that causes harm)?

Negligence can be active or passive. It can be an act of commission or a failure to act/omission. Negligence is measured by the "reasonable person" standard. What would a "reasonable person" have done in these circumstances? The devil, of course, is in the details, and it is up to the jury or judge to determine what a "reasonable person" would have done that the particular situation at issue and to compare that behavior with what the defendant did or didn't do, in deciding whether or not a person was negligent. If a person falls below the standard of care that a "reasonable person" would have exercised under the circumstances causing harm to another person, then that person is legally negligent.

Clear as mud, huh? Welcome to the legal world. LOL

 

[Streetwise]

Negligence can be active or passive. It can be an act of commission or a failure to act/omission. Negligence is measured by the "reasonable person" standard. What would a "reasonable person" have done in these circumstances? The devil, of course, is in the details, and it is up to the jury or judge to determine what a "reasonable person" would have done that the particular situation at issue and to compare that behavior with what the defendant did or didn't do, in deciding whether or not a person was negligent. If a person falls below the standard of care that a "reasonable person" would have exercised under the circumstances causing harm to another person, then that person is legally negligent.

Clear as mud, huh? Welcome to the legal world. LOL

The mud would be like a diamond compared to what the judge is thinking, my mother thought judges lived in fairyland

 

[the_tortoise]

To be clear I am not specifically interested in legal application, I just want words (ideally one word but maybe that is just not realistic) I can use that are fair and accurately represent the situation generally.

 

[Mary Terry]

The mud would be like a diamond compared to what the judge is thinking, my mother thought judges lived in fairyland

Some of them do. Fortunately, most of them are just trying to conscientiously do their jobs, constrained by existing laws and jurisprudence.

 

[Streetwise]

Some of them do. Fortunately, most of them are just trying to conscientiously do their jobs, constrained by existing laws and jurisprudence.

The USA is different to the UK

 

[Aspychata]

There is *omission of action caused by unintentional negligence *. the courts actually have to determine such things as this, so l am just trying to remember what the exact terminology but can't remember.

 

[Aspychata]

Chronic negligent maltreatment had irreconcilable effects and the client spent the rest of their life eating donuts as a result.

 

[Mia]

As I'm familiar with a somewhat similar treatment tortoise, with no words to define it. Other than the definitions of psychologists who rarely deal in depth with the subtle connotations or remnants of upbringing and influences, of nature and nurture. Have discovered various conditions that when compounded or influenced by life provide some sort of definition or explanation. Touches of personality disorders have given me some solace in defining what I think the difficulties were, in my own upbringing. As much as I cared about the person, growing up, I was uncomfortable even afraid. Here are some that seem indicative of the possibilities:

Cluster A disorders:
Schizoid personality disorder: lack of interest and detachment from social relationships, apathy, and restricted emotional expression.
Schizotypal personality disorder: pattern of extreme discomfort interacting socially, and distorted cognition and perceptions.
Cluster B:
Antisocial personality disorder: pervasive pattern of disregard for and violation of the rights of others, lack of empathy, manipulative and impulsive behavior.

So it may well be that it was a mix of some of these traits that led me to create an idea of how I was treated in the past. And the reasoning for leaving in the first place at a young age. It was never easy or definitive, in deciding what I assumed the difficulties were. There was no straightforward definition. Rather it was related to my perceptions and influences and understanding later in my life.

 

[Streetwise]

Chronic negligent maltreatment had irreconcilable effects and the client spent the rest of their life eating donuts as a result.

You said doughnuts I haven't had a vegan doughnut for weeks

 

[the_tortoise]

I don’t really care about causes (well, I do, but I will never know what they are and ultimately it does not matter when I am trying to describe the nature of the behavior, the dynamic and its effects because the same behaviour and dynamic can have multiple causes).

Maybe “unintentional abuse” is the most accurate.

 

[Fino]

I disagree with the need for qualifiers. It's abuse. Their ignorance is irrelevant.

 

[Mia]

I disagree with the need for qualifiers. It's abuse. Their ignorance is irrelevant.

No it's not, without the previous history, it may not have happened. It's an explanation for some, that most people are fighting something, it's not an excuse. It's a search for motivation behind the actions. In understanding the motivation, it makes one blame oneself less. It becomes less personal in retrospect.

 

[Fino]

No it's not, without then, it may not have happened. It's an explanation for some, that most people are fighting something, it's not an excuse. It's a search for motivation behind the actions. In understanding the motivation, it makes one blame oneself less. It becomes less personal in retrospect.

I'm not entirely sure what you mean. Do you mean that it's relevant when it comes to fixing the problem? Because I got the impression that this thread wasn't exactly about that.

 

[LucyPurrs]

Malicious manipulation? unintentional harm?

 

[the_tortoise]

No it's not, without then, it may not have happened. It's an explanation for some, that most people are fighting something, it's not an excuse. It's a search for motivation behind the actions. In understanding the motivation, it makes one blame oneself less. It becomes less personal in retrospect.

I'm not entirely sure what you mean. Do you mean that it's relevant when it comes to fixing the problem? Because I got the impression that this thread wasn't exactly about that.

I am also confused.

Malicious manipulation? unintentional harm?

But I don’t think it is malicious, that is why I am having problems with terminology.

 

[LucyPurrs]

accidental or unintended abuse/harm?

 

[Mia]

Do you mean that it's relevant when it comes to fixing the problem? Because I got the impression that this thread wasn't exactly about that.

It doesn't fix the problem, it is background for motivation. I think in understanding that impetus, it makes it less painful, at least for myself. I don't see a solution.

 

[the_tortoise]

It doesn't fix the problem, it is background for motivation. I think in understanding that impetus, it makes it less painful, at least for myself. I don't see a solution.

I just don’t want to misrepresent the person whose behavior is hurting me, nor to misrepresent their behavior as something it is not. I want accurate words.

 

[Mia]

I want accurate words.

I understand that tortoise. Your situation is dissimilar to mine, in that you cannot look back in retrospect. It's ongoing and hurtful. My question has been from the beginning the why of it all. What's underneath and in the knowing, a way to cope in the short term. Looking to define it, categorize it, is something you seem to want. I don't know that I would want to tie up something into a tidy little box, because it is too complex. Delving into motivation might provide some answers.

 

[the_tortoise]

Looking to define it, categorize it, is something you seem to want. I don't know that I would want to tie up something into a tidy little box, because it is too complex.

I am not concerned with understanding motivation at this point beyond what I already know because it is unknowable and because it changes nothing about how the behaviour affects me and changes nothing about the nature of the behavior as it impacts me and impacts the relationship.

What I do want is accurate words to communicate about it with others. Without accurate words there is misunderstanding and when there is misunderstanding there are lots and lots problems.