Against Negligence Liability
Document Type
Book Chapter
Publication Date
11-1-2011
Abstract
This chapter presents arguments against negligence liability. It explains why negligence is not culpable and discusses failed attempts to narrow negligence as well as the arbitrariness of the reasonable person test. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as criminal responsibility, whether negligence is blameless, cognitive science and contextual negligence liability, and the distinction between negligence and recklessness.
Keywords
negligence liability, reasonable person test, criminal law, criminal responsibility, cognitive science, recklessness
Publication Title
Criminal Law Conversations
Repository Citation
Ferzan, Kimberly and Alexander, Larry, "Against Negligence Liability" (2011). Book Chapters. 16.
https://scholarship.law.upenn.edu/faculty_chapters/16
https://doi.org/10.1093/acprof:osobl/9780199861279.003.0013
DOI
https://doi.org/10.1093/acprof:osobl/9780199861279.003.0013