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  1. Taking Responsibility for Negligence and Non-negligence.Garrath Williams - 2020 - Criminal Law and Philosophy 14 (1):113-134.
    Negligence reminds us that we often do and cause things unawares, occasionally with grave results. Given the lack of foresight and intention, some authors argue that people should not be judged culpable for negligence. This paper offers a contrasting view. It argues that gaining control is itself a fundamental responsibility, with both collective and individual elements. The paper underlines both sides, focussing on how they relate as we ascribe responsibility or culpability. Following the introduction, Section 2 argues that conscious awareness (...)
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  • The Reasonableness in Recklessness.Findlay Stark - 2020 - Criminal Law and Philosophy 14 (1):9-29.
    Recklessness involves unreasonable/unjustified risk-taking. The argument here is that recklessness in the criminal law is best understood as nevertheless containing an element of reasonableness. To be reckless, on this view, the defendant must reasonably believe that she is exposing others to a risk of harm. If the defendant’s belief about the risk being imposed by her conduct is unreasonable, she should not be considered reckless. This point is most important in relation to offences of endangerment where recklessness sets the outer (...)
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  • Recklessness Without the Risk.David Prendergast - 2020 - Criminal Law and Philosophy 14 (1):31-50.
    Risk is at the core of criminal recklessness, but its exact constitution comes into focus only in unusual cases. In rethinking criminal law, Larry Alexander and Kimberley Kessler Ferzan say that risk in criminal recklessness ought to be constituted by the subjective belief of the person whose action is being evaluated: the gravity of the harm risked and its probability of resulting is what the person believed it to be, not what it actually was. This means that recklessness can be (...)
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  • Recklessness Without the Risk.David Prendergast - 2020 - Criminal Law and Philosophy 14 (1):31-50.
    Risk is at the core of criminal recklessness, but its exact constitution comes into focus only in unusual cases. In rethinking criminal law, Larry Alexander and Kimberley Kessler Ferzan say that risk in criminal recklessness ought to be constituted by the subjective belief of the person whose action is being evaluated: the gravity of the harm risked and its probability of resulting is what the person believed it to be, not what it actually was. This means that recklessness can be (...)
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