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20 February 2012

To Commit a Crime

In The Elder Scrolls V: Skyrim (Skyrim) (and probably other computer games in that title), depending on the situation, a certain action may or may not be considered a crime:
  • Picking an item up may or may not be considered theft.
  • Attacking an actor may or may not be considered assault.
  • Killing an actor may or may not be considered murder.

Except in cases with bugs (such as livestock's being able to report crimes), is there any rhyme or reason as to when a crime is recognised? Considering real-life positive law, there may well be.

Law of nature vs. law of the people
In real-life jurisprudence, any given law may be given authority by any of two sources:
  • Natural law, which is the law as set by nature and comprehended by reason and justice. If a given law does not possess the authority of natural law, it simply does not feel just or right for it to be enforced. Such a sense of unjustness is strong for people with a developed sense of ethics.
  • Positive law, which is the law given authority by the institution of government. If a citizen violates a law with this authority, they can be punished by the government (e.g. fine, imprisonment); where a law does not possess this authority, the government will simply refuse to enforce it, even if a citizen violates such a law.