Distraction and Negligence

Douglas Husak

doi:10.1093/acprof:oso/9780199696796.003.0006

Distraction and Negligence

Douglas Husak

School of Arts and Sciences, Philosophy

Research output: Chapter in Book/Report/Conference proceeding › Chapter

4 Scopus citations

Abstract

This chapter examines Ashworth's reservations about punishing persons for harms caused negligently and contrasts this with the general acceptance of liability for recklessness. It looks at how the boundaries between recklessness and negligence should be drawn, paying particular attention to the concepts of awareness, knowledge, belief, and distraction. It raises the question of whether persons are aware of the risk they disregard in cases in which they have forgotten about a risk they have created.

Original language	English (US)
Title of host publication	Principles and Values in Criminal Law and Criminal Justice
Subtitle of host publication	Essays in Honour of Andrew Ashworth
Publisher	Oxford University Press
ISBN (Electronic)	9780191742293
ISBN (Print)	9780199696796
DOIs	https://doi.org/10.1093/acprof:oso/9780199696796.003.0006
State	Published - Aug 16 2012

All Science Journal Classification (ASJC) codes

General Social Sciences

Keywords

Harms
Liability
Punishment
Recklessness

Access to Document

10.1093/acprof:oso/9780199696796.003.0006

Cite this

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title = "Distraction and Negligence",

abstract = "This chapter examines Ashworth's reservations about punishing persons for harms caused negligently and contrasts this with the general acceptance of liability for recklessness. It looks at how the boundaries between recklessness and negligence should be drawn, paying particular attention to the concepts of awareness, knowledge, belief, and distraction. It raises the question of whether persons are aware of the risk they disregard in cases in which they have forgotten about a risk they have created.",

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AB - This chapter examines Ashworth's reservations about punishing persons for harms caused negligently and contrasts this with the general acceptance of liability for recklessness. It looks at how the boundaries between recklessness and negligence should be drawn, paying particular attention to the concepts of awareness, knowledge, belief, and distraction. It raises the question of whether persons are aware of the risk they disregard in cases in which they have forgotten about a risk they have created.

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KW - Liability

KW - Punishment

KW - Recklessness

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BT - Principles and Values in Criminal Law and Criminal Justice

PB - Oxford University Press

ER -

Distraction and Negligence

Abstract

All Science Journal Classification (ASJC) codes

Keywords

Access to Document

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