ABSTRACT
The legislator could take every offence and divide it into hundreds or even thousands of sub-categories, each dealing with a case that is slightly different from the others in the combination of relevant concrete circumstances. The amount of harm caused and foreseen by the actor constitutes an important factor in assessing moral culpability. It seems that many cases may arise in which intentionally causing a small amount of harm will be considered less culpable than recklessly causing a greater amount of harm, even where the same offence is involved. If the difference in culpability between intention and recklessness is sufficiently large, there may be a point in grading offences based on the distinction between the two. The distinction between intention and recklessness can be used in grading offences without having to devise numerous sub-categories for every offence.
