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portada Culpable Carelessness: Recklessness and Negligence in the Criminal law
Type
Physical Book
Year
2016
Language
English
Pages
350
Format
Hardcover
ISBN13
9781107038905
Edition No.
1

Culpable Carelessness: Recklessness and Negligence in the Criminal law

Findlay Stark (Author) · Cambridge University Press · Hardcover

Culpable Carelessness: Recklessness and Negligence in the Criminal law - Findlay Stark

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Origin: Spain (Import costs included in the price)
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Synopsis "Culpable Carelessness: Recklessness and Negligence in the Criminal law"

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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