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Criminal Law Conversations$
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Paul H. Robinson, Stephen Garvey, and Kimberly Kessler Ferzan

Print publication date: 2011

Print ISBN-13: 9780199861279

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199861279.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 01 June 2020

Against Negligence Liability

Against Negligence Liability

(p.272) (p.273) 13. Against Negligence Liability
Criminal Law Conversations

Larry Alexander

Kimberly Kessler Ferzan

Oxford University Press

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.

Keywords:   negligence liability, reasonable person test, criminal law, criminal responsibility, cognitive science, recklessness

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