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Culpable carelessness : recklessness and negligence in the criminal law / Findlay Stark.
Author
Stark, Findlay
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Format
Book
Language
English
Published/Created
Cambridge, United Kingdom : Cambridge University Press, 2016.
©2016
Description
xxii, 327 pages ; 24 cm
Availability
Copies in the Library
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Call Number
Status
Location Service
Notes
ReCAP - Remote Storage
K5067 .S73 2016
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Details
Subject(s)
Negligence, Criminal
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Criminal intent
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Criminal law
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Summary note
"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"-- Back cover.
Bibliographic references
Includes bibliographical references (pages 292-315) and index.
Contents
The doctrinal trend towards the standard account
Consistency in definition
From awareness to belief
Beyond belief : knowledge and awareness
The significance of awareness of risk
Culpability beyond awareness of risk : some existing accounts
Negligence as failure of belief
Some practicalities.
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ISBN
9781107038905 (hardcover)
1107038901 (hardcover)
LCCN
2016017469
OCLC
946725917
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