Against Negligence Liability
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.
negligence liability, reasonable person test, criminal law, criminal responsibility, cognitive science, recklessness
Criminal Law Conversations
Ferzan, Kimberly and Alexander, Larry, "Against Negligence Liability" (2011). Book Chapters. 16.