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What are the philosophical thoughts that proposes a framework to judge (legally, morally or ethically) an act when intent (over that specific act) is impossible to judge?
Clarification about: "legally, morally or ethically": I added this to enforce the idea that I am not only interested if somebody should go to jail (or even be sued). Whenever somebody commits an act, we run an internal judgement. In despite of a video or post being legal or not, I want to know, eg, if I should allow myself to laugh, or share, or like such a post, in practice. What I think is probably nobody's business, but, I still want to know it myself -- can you understand that, I can keep on avoiding forever a decision, but the question remains? So this is why I added, beyond "legally", "morally". "Ethically" was added simply to avoid having to determine "ethical" vs "moral", and potentially diverging the discussion from the actual question (consider that I agree to you whatever you think about it).