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

DOI

https://doi.org/10.1093/acprof:osobl/9780199861279.003.0013

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