什麼是不人道?

希望能幫到您

＊意見:(我以美國的基本法來表達。)


United States
At common law, simple battery is a misdemeanor and the elements of the offense are:

An unlawful application of force;

To the person of another;

Resulting in either bodily injury or an offensive touching.
The prosecutor must prove each element beyond a reasonable doubt. The common law elements serve as a basic template, but individual jurisdictions may alter them and they may vary slightly from state to state.
Under modern statutory schemes, battery is often broken down into gradations for the purposes of determining the severity of punishment. For example:

Simple battery may include any form of non-consensual, harmful or insulting contact, regardless of the injury caused. Criminal battery requires an intent to inflict an injury on another, as distinguished from a tortious battery.


Sexual battery may be defined as non-consensual touching of the intimate parts of another.


Family violence battery may be limited in its scope between persons within a certain degree of relationship: statutes with respect to this offense have been enacted in response to increasing awareness of the problem of domestic violence.


Aggravated battery is generally regarded as a serious offense of felony grade, involving the loss of the victim's limb or some other type of permanent disfigurement of the victim. As successor to the common law crime of mayhem, this is sometimes subsumed in the definition of aggravated assault.
In some jurisdictions, battery has recently been constructed to include directing bodily secretions at another person without their permission. In some jurisdictions this automatically is considered aggravated battery.
In some jurisdictions, the charge of criminal battery also requires evidence of a mental state (mens rea).

人道不人道是沒有清晰的界定，因爲是moral的問題。而moral是個人跟社會的來定，是比較主觀的，容易有偏見。以上的解説只是把道德的觀念法律化，而是怎樣去裁定都是由人去決定。“The prosecutor must prove each element beyond a reasonable doubt.” 何謂Reasonable Doubt?這就是由人去決定。