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For ordinary crimes, we rely on legislatures to distinguish among blameworthy acts in criminal codes.
Under Canadian law, an employee can be fired for cause if a blameworthy act can be shown, including incompetence.
'The most blameworthy acts are so often absolved by success that the boundary between what is permitted and what is prohibited, what is just and what is unjust, has nothing fixed about it, but seems susceptible to almost arbitrary change by individuals.'