Download PDF by Findlay Stark: Culpable Carelessness: Recklessness and Negligence in the

By Findlay Stark

ISBN-10: 1107038901

ISBN-13: 9781107038905

The query of while an individual is culpable for taking an unjustified probability of injury has lengthy been arguable in Anglo-American legal legislations doctrine and concept. This survey of the ways followed in England and Wales, Canada, Australia, the USA, New Zealand and Scotland argues that they're converging, to differing extents, round a 'Standard Account' of culpable unjustified risk-taking. This average Account distinguishes among awareness-based culpability (recklessness) and inadvertence-based culpability (negligence) for unjustified risk-taking. as regards to legal legislation concept and philosophical literature, the writer argues that, whilst defined effectively, the traditional Account is defensible and useful. protecting the normal Account comprises analysing extensive a couple of arguable concerns, together with the which means of advertence/awareness, the position of attitudes resembling indifference in culpable risk-taking, and the query of no matter if negligence could be utilized in the felony law.

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Culpable Carelessness: Recklessness and Negligence in the Criminal Law by Findlay Stark

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