Culpable Carelessness

Culpable Carelessness
Author :
Publisher : Cambridge University Press
Total Pages : 577
Release :
ISBN-10 : 9781316810651
ISBN-13 : 1316810658
Rating : 4/5 (51 Downloads)

Book Synopsis Culpable Carelessness by : Findlay Stark

Download or read book Culpable Carelessness written by Findlay Stark and published by Cambridge University Press. This book was released on 2016-10-20 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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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