Minding Negligence

Criminal Law and Philosophy 16 (2):231-251 (2022)
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Abstract

The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.

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Craig K. Agule
Rutgers University - Camden

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