Culpable Carelessness

Culpable Carelessness
Author: Findlay Stark
Publisher: Cambridge University Press
Total Pages: 577
Release: 2016-10-20
Genre: Law
ISBN: 1316810658

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.

Culpable Carelessness

Culpable Carelessness
Author: Findlay Stark
Publisher: Cambridge University Press
Total Pages: 351
Release: 2016-10-20
Genre: Law
ISBN: 1107038901

A doctrinal and theoretical analysis of culpability for unjustified risk-taking in Anglo-American criminal law.

Parliamentary Papers

Parliamentary Papers
Author: Great Britain. Parliament. House of Commons
Publisher:
Total Pages: 758
Release: 1867
Genre: Great Britain
ISBN: