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Culpable Carelessness - Recklessness and Negligence in the Criminal Law (Hardcover)
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Culpable Carelessness - Recklessness and Negligence in the Criminal Law (Hardcover)
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The question of when a person is culpable for taking an unjustified
risk of harm has long been controversial in Anglo-American criminal
law doctrine and theory. This survey of the approaches adopted in
England and Wales, Canada, Australia, the United States, New
Zealand and Scotland argues that they are converging, to differing
extents, around a 'Standard Account' of culpable unjustified
risk-taking. This Standard Account distinguishes between
awareness-based culpability (recklessness) and inadvertence-based
culpability (negligence) for unjustified risk-taking. With
reference to criminal law theory and philosophical literature, the
author argues that, when explained appropriately, the Standard
Account is defensible and practical. Defending the Standard Account
involves analysing in depth a number of controversial matters,
including the meaning of advertence/awareness, the role of
attitudes such as indifference in culpable risk-taking, and the
question of whether negligence should be used in the criminal law.
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