Skip to main content Accessibility help
×
  1. Home
  2. Books
  3. Culpable Carelessness
  • Cited by 21
      • Show more authors
      • You may already have access via personal or institutional login
    • Select format
    • Publisher:
      Cambridge University Press
      Publication date:
      27 January 2017
      20 October 2016
      ISBN:
      9781139855945
      9781107038905
      9781108465120
      DOI:
      https://doi.org/10.1017/CBO9781139855945
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.66kg, 350 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.45kg, 350 Pages
      • Subjects:
      Law, Criminal Law, Jurisprudence
    You may already have access via personal or institutional login
    • Selected: Digital
    Add to cart View cart Buy from Cambridge.org
    Subjects:
    Law, Criminal Law, Jurisprudence
    Information

    Book description

    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.

    Reviews

    'Findlay Stark’s book on the culpability of recklessness and negligence is rigorous, thorough and thought provoking. It is persuasively argued, and engages in stimulating ways with both criminal law theory and caselaw … the book offers valuable and original contributions throughout, which will make it a rewarding read for criminal law scholars and practitioners alike.'

    Alexander Sarch Source: Criminal Law and Philosophy

    ‘Findlay Stark’s book is a major contribution to the study of legal understandings of recklessness and negligence. It provides new insights into these concepts, but does so in a way which is focussed on the difficulties facing judges in these cases. It is beautifully written and clearly argued: academic scholarship at its best.’

    Jon Herring Source: Law Quarterly Review

    'Culpable Carelessness is an excellent piece of work: it is learned and persuasive, and adds much value to the literature. It is now the essential point of reference on recklessness and negligence in the common law tradition, and it deserves a befittingly wide readership.'

    Andrew Cornford Source: Criminal Law Review

    'Culpable Carelessness by Findlay Stark is a careful and considered contribution to the 'punishment for negligence' debate. As well as providing a comprehensive overview of the doctrinal and theoretical aspects of recklessness and negligence in the criminal law, it also offers novel insights for scholars already steeped in these debates. An additional methodological strength is that Stark takes seriously the connection between theory and law, offering useful potential jury instructions on recklessness and negligence.'

    Kimberly Kessler Ferzan Source: Modern Law Review

    Refine List

    Actions for selected content:

    Select all | Deselect all
    • View selected items
    • Export citations
    • Download PDF (zip)
    • Save to Kindle
    • Save to Dropbox
    • Save to Google Drive

    Save Search

    You can save your searches here and later view and run them again in "My saved searches".

    Please provide a title, maximum of 40 characters.
    Cancel
    ×

    Contents

    Contents

    Metrics

    Altmetric attention score

    Full text views

    Total number of HTML views: 0
    Total number of PDF views: 0 *
    Loading metrics...

    Book summary page views

    Total views: 0 *
    Loading metrics...

    * Views captured on Cambridge Core between #date#. This data will be updated every 24 hours.

    Usage data cannot currently be displayed.

    Accessibility standard: Unknown

    Why this information is here

    This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.

    Accessibility Information

    Accessibility compliance for the PDF of this book is currently unknown and may be updated in the future.