In Russian there are many words-paronyms. With a similar sound, they have different lexical meanings. Take at least the terms “act” and “misconduct,” which are systematically confused with each other. It is obvious that the first word is much more often used in everyday circulation and its meaning is clear to everyone. While the second is customary to refer to professional legal terminology. In this article, we will consider what is different from the act of misconduct.
An act is a conscious act by means of which a person is asserted as a person in relation to himself, to other people or to society as a whole. It is the basic unit of social behavior. Not every action of an individual can be called an act, but only that which takes place under the influence of an informed choice. Its content determines the morality and morality of behavior, the difference of evil and good. The act consists of the following components: motive, goals,
subject of transformation, means, process, result and evaluation. Thus, a person’s actions are preceded by an internal plan, an elaborated intention. In addition, the individual has a forecast of the expected results and consequences of the act for the surrounding people or society. It should be noted that the act can be expressed both in action and in inaction. For example,
Offense – action or inaction, encroaching on public relations. It is illegal. Done by persons who are able to bear responsibility for the harm themselves. In comparison with the crime, misconduct is less dangerous for society. Its classification directly depends on the sphere of social relations within which the act is committed. In jurisprudence three main types of offenses are distinguished: disciplinary, civil-law and administrative. The first include violations of the rules of the labor regulations or other requirements of production, training, service or military discipline. The second – non-compliance with standards in the sphere of property or personal relations. To the third – the guilty act, encroaching on the
public or state order, the rights and freedoms of citizens, their property, etc. It is worth adding that the offense is often committed not only intentionally, but also through imprudence. An example of this is the accidental violation of traffic rules.
The difference between an act and a misdemeanor
As can be seen from the definitions, the acts considered differ in a number of parameters. To begin with, the word “act” has a neutral emotional coloring. That is, it can be both positive and negative. Everything depends on the nature of the actions and their consequences. After all, an act with an equal degree of frequency is used with the prefix “heroic” or, on the contrary, “immoral”. Whereas in the word “misdemeanor” there is always a negative connotation. This is an unlawful act that encroaches on public relations. Often it entails any punishment (fine, reprimand, dismissal) right up to administrative responsibility. For the act can be awarded, express gratitude. Although an unseemly act is often subjected to public condemnation.
Another difference between the act and the offense is that the first can be committed by anyone, be it a child or a mentally unbalanced person. The second term is used only in relation to a delictual person, that is, to an individual who is able to bear responsibility for the harm done. In addition, the offense always has a social character and poses a certain threat to the society. In this regard, the essence of this concept lies in the field of jurisprudence. In comparison with it, an act is a commonly used term that affects various spheres of people’s lives. He does not always have a public orientation and can act as a way of asserting an individual in relation to himself.