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hensikt vs. forsett

English translation: intent

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Norwegian term or phrase:forsett
English translation:intent
Entered by: Richard Lawson

22:50 Aug 28, 2004
Norwegian to English translations [PRO]
Law (general)
Norwegian term or phrase: hensikt vs. forsett
Hello! I'm having a difficult time determining the difference between hensikt and forsett here. Each of the words are used to define each other in my Norwegian dictionaries. Can anyone offer any assistance?

Ofte vil det foreligge hensikt , men det er tilstrekkelig at det foreligger forsett med hensyn fullbyrdelsen av hovedhandlingen.

Thanks!
Matthew Roy, Ph.D.
Local time: 14:33
forsett: intent - hensikt: intent (direct intent)
Explanation:
I'm afraid "motive" is a red herring here. "Forsett" and "hensikt" both mean "intent". In addition to its broader sense of "intention", "purpose", "hensikt" has a narrower legal sense in which it is a form of "forsett". It is the narrower sense that applies in your context.

Chaffey and Walford's N-E Juridisk Ordbok (Strafferett, etc.) has the following comment on the term "hensikt".

"term used partly in the broader sense of the design or the purpose of an act or a statute, partly in a narrower sense connoting a degree of guilt in criminal law. In the latter sense intention is usually
understood as a qualified form of forsett, i.e. the intent that has as its direct purpose the inception of the offence, whereby the person concerned acts for the precise purpose of achieving this
specific result. Some penal provisions expressly require this degree of guilt."

--------------------------------------------------
Note added at 13 hrs 21 mins (2004-08-29 12:11:34 GMT)
--------------------------------------------------

In your text, I think you could approximate the meaning of \"forsett\" by translating it as \"a degree of guilt\" (\"skyldgrad\"). \"Hensikt\" could then be translated as \"intent\".
Selected response from:

Richard Lawson
Local time: 23:33
Grading comment
Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2forsett: intent - hensikt: intent (direct intent)
Richard Lawson
5se under
ojinaga
5intent vs motive
Per Bergvall
3[crim.] intent v. mens rea ('the guilty mind')/premeditation
KirstyMacC (X)


Discussion entries: 2





  

Answers


38 mins   confidence: Answerer confidence 5/5
se under


Explanation:
hensikt=purpose
forsett=intention

ojinaga
Local time: 15:33
Specializes in field
Native speaker of: Native in NorwegianNorwegian
PRO pts in category: 19
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7 hrs   confidence: Answerer confidence 5/5
intent vs motive


Explanation:
If anything - and not the other way around. In legal terms, thay are the same; only a lawyer would ever use 'forsett', while the term in daily use is hensikt - intent. Motive is usually motiv, while motivated is motivert. The stronger term would be overlagt, which is pre-meditated.

Per Bergvall
Norway
Local time: 23:33
Native speaker of: Native in NorwegianNorwegian
PRO pts in category: 97
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11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
forsett: intent - hensikt: intent (direct intent)


Explanation:
I'm afraid "motive" is a red herring here. "Forsett" and "hensikt" both mean "intent". In addition to its broader sense of "intention", "purpose", "hensikt" has a narrower legal sense in which it is a form of "forsett". It is the narrower sense that applies in your context.

Chaffey and Walford's N-E Juridisk Ordbok (Strafferett, etc.) has the following comment on the term "hensikt".

"term used partly in the broader sense of the design or the purpose of an act or a statute, partly in a narrower sense connoting a degree of guilt in criminal law. In the latter sense intention is usually
understood as a qualified form of forsett, i.e. the intent that has as its direct purpose the inception of the offence, whereby the person concerned acts for the precise purpose of achieving this
specific result. Some penal provisions expressly require this degree of guilt."

--------------------------------------------------
Note added at 13 hrs 21 mins (2004-08-29 12:11:34 GMT)
--------------------------------------------------

In your text, I think you could approximate the meaning of \"forsett\" by translating it as \"a degree of guilt\" (\"skyldgrad\"). \"Hensikt\" could then be translated as \"intent\".

Richard Lawson
Local time: 23:33
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 47
Grading comment
Graded automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Roald Toskedal
1 day 12 hrs
agree  Vedis Bjørndal: Aschehoug: H. i strafferettslig forstand faller ikke sammen F., men kan betegnes som en kvalifisert form for dette.
1 day 20 hrs
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1 day 10 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
[crim.] intent v. mens rea ('the guilty mind')/premeditation


Explanation:
Context: crim. -> wantonness v. malice aforethought OR civ. -> wilful intent v. deliberate pre-design?

Patrick Chaffey's & Ronald Walford's Norsk-Eng. Juridisk Ordbok - Strafferett, straffeprosess og andre termer is not esp. helpful on the crim. side: hensikt -> intention; purpose. Forsett -> intent - suggesting there's a diff. between intent & intention.

Only GB difference between intent & intention -> the offender needs the subjective intention for a crime. The crimes themselves, objectively, are classified into crimes of conditional, basic/general or specific intent, the last 2 depending on the defences raised i.e. intoxication on a charge of murder to reduce it to manslaughter.

Also, the glossary makes the glaring omissions of the Latin expressions DOLUS in Nor. law & mens rea to which it approximates in AAL.

However, see Juridiisk leksikon, Egil Gulbransen:

Dolus = svik, forsett.

Forsett -> den skyldgrad ved bedommelsen av den SUBJEKTIVE siden av en straffbar handling som bestar i at forbryteren har tilsiktet handlingen og denned folge -> so NOT motive that is only part of the eevidentiary scene.

F. ... antas foreligge selv om resultatet (ACTUS REUS = 'the guilty act')ikke har vaert tilsiktet... el. har vaert forbryteren LIKEGYLDIG -> a matter of indifference to the offender showing no specific *actively premeditated* intent, but mens rea/a guilty mind.

§40 strl. - Nor. Crim. Code: f. ma foreligge for at handlingen skal vaere undergitt straff -> again does NOT square with motive that is not needed in AAL - Anglo-Am. law - for punishability as in gratuitous violence.

F. grenser oppad till HENSIKT and nedad til UAKSTOMHET (civ. or crim. recklessness or negligence).

'Mens Rea -- What does it mean? Where does it fit? Mens Rea. The state of mind indicating culpability which is required by statute as an element of a crime. ...'







    Reference: http://www.law.cornell.edu/lexicon/mens_rea.htm
KirstyMacC (X)
Local time: 22:33
Native speaker of: Native in EnglishEnglish
PRO pts in category: 11
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