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Operator Availability as a Legal Standard

Bailey, Denis
PhilArchive · Papers
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philosophy
Operator Availability as a Legal Standard develops a structural model of human action for use in legal reasoning. The paper argues that traditional doctrines—intent, negligence, foreseeability, coercion, reasonableness, and capacity—are built on vague psychological assumptions and lack a unified account of how behavior arises under constraint. Operator availability provides that missing structure by identifying which cognitive operators were accessible, suppressed, or degraded at the moment of action. The framework explains mens rea dimensionality, clarifies foreseeability, reframes contractual capacity, and improves interpretation of crisis‑driven behavior. Through doctrinal analysis, cross‑domain applications, and detailed case studies, the paper demonstrates how operator availability can strengthen legal consistency, reduce interpretive drift, and ground responsibility in the mechanics of human cognition. It concludes by outlining pathways for doctrinal integration and the emergence of a structural jurisprudence.
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