#233: Objective Liability, Eggshell Skull Theory & the Principle of Objectivity

3 Ideas in 2 Minutes on Law & Objectivity

I. Objective Liability

It was a cold, dark winter night, and the clocks were striking something around two. I was in the army. And while I was sound asleep in my bunk bed, two soldiers tasked to patrol the barracks decided to go rogue. They entered a warehouse, took a couple of brand-new computers, and stuffed them into the trunks of their cars. It didn’t take long for someone to notice the missing hardware. Suspicion quickly fell on the two soldiers, who promptly confessed to the crime.

It was then that the police asked them a pivotal question: “When you went into the warehouse, did you leave your rifles outside, or did you take them with you?” The former would’ve been negligence, an unthinkable dereliction of guard duty. So, of course, they had their service rifles with them at all times. The problem was that they were now liable for armed theft, which carried a sentence of up to 10 years (as opposed to the possibility of a mere fine for theft).

That’s Objective Liability, a person being held legally responsible based on the external facts of their actions, regardless of their intentions. As far as I know, the soldiers didn’t intend to threaten anyone with the rifles, nor to use them in the theft. But their intentions were irrelevant. What mattered was the factual circumstance that they pinched a couple of computers while carrying loaded, select-fire HK G3 battle rifles.

---

II. Eggshell Skull Theory

Take your victims as you find them.

Similar to Objective Liability, that’s the principle behind the Eggshell Skull Theory. It holds that wrongdoers are fully liable for the consequences of their actions. Even if the harm is unexpectedly severe due to the victim’s pre-existing vulnerability.

As a defendant, you cannot argue that the injury was worse than what an average person would’ve suffered. You can’t escape liability merely because the victim was unusually susceptible.

The name originates from a famous illustration used in early English law cases. Imagine a victim with a skull as thin and fragile as an eggshell. Even a light blow, which would hardly hurt an average person, could cause catastrophic injury. Like giving Grandma a warm hug, not realising her ribs are held together by more willpower than calcium.

Tough luck. You have to take your victims as you find them, not as you think they ought to be.

---

III. Principle of Objectivity

Many debates boil down to “is” versus “ought”. The Principle of Objectivity states that scientific knowledge must describe reality as it is, independent of the observer’s perspective, preferences or values. Put differently, science should be value-neutral and focus on what “is”, not what “ought to be”. The ultimate goal is truth independent of human bias.

A physicist’s political views shouldn’t affect how they interpret experimental data. A doctor’s personal opinions shouldn’t influence how they diagnose or treat a patient. A judge’s personal beliefs shouldn’t affect how they interpret laws or evaluate evidence. Reality has a way of catching up, and the world rarely bends to how we wish it were.🐘

Have a great week,

Chris
themindcollection.com