What's the difference between dolus and periculum?
Dolus
Definition:
(n.) Evil intent, embracing both malice and fraud. See Culpa.
Example Sentences:
(1) In delivering her ruling, judge Thokozile Masipa said that "a reasonable person would have foreseen if he fired shots at the door, the person inside the toilet might be struck and might die as a result", which suggests a classic case of dolus eventualis.
(2) Regardless of who was behind the door, Pistorius is guilty of murder, Nel argued .Whether Pistorius believed the person behind the door was an intruder or knew it was Steenkamp, it was murder by dolus directus (premeditated murder) or dolus eventualis (that he must have known he was likely to kill the person by firing).
(3) The South African legal system allows for different kinds of murder convictions, and the one that's relevant here is what is known as common-law murder with indirect intentions – or "dolus eventualis".
(4) He will also not be found guilty of murder without premeditation ( dolus eventualis ), as Masipa says there was not sufficient evidence to suggest that he had foreseen that his actions could result in the death of the person behind the toilet door.
(5) How the Oscar Pistorius trial became a mirror on South African society Read more A panel of judges at the supreme court will consider whether Masipa erred in not applying the principle of dolus eventualis , a category of murder where the perpetrator subjectively foresees the possibility of his or her act causing death and persists regardless.
(6) Emma Sadleir, an expert on social media law who has been monitoring responses to the verdict, told the Guardian that many South African lawyers were uneasy with the decision on common law murder – what is known in the country's laws as dolus eventualis murder.
(7) To find otherwise would be tantamount to saying that the accused’s reaction after he realised that he had shot the deceased was faked, that he was play acting, merely to delude the onlookers at the time.” While Pistorius could not be found guilty of murder dolus eventualis [legal intent], culpable homicide was a “competent verdict”, Masipa said.
(8) "The legal fraternity are concerned that the test for dolus eventualis may been applied incorrectly," Sadleir said.
Periculum
Definition:
(n.) Danger; risk.
(n.) In a narrower, judicial sense: Accident or casus, as distinguished from dolus and culpa, and hence relieving one from the duty of performing an obligation.