Crimes of Negligence: Attempting and Succeeding
Criminal Law and Philosophy 6 (3):387-398 (2012)
| Abstract | In chapter 6 of Attempts , Gideon Yaffe defends the thesis that it is “possible to attempt crimes of negligence” ( 2010 , p. 173). I am persuaded that he is right about this, provided that “attempt crimes of negligence” is read as (potentially misleading) shorthand for “attempt to bring it about that we commit crimes of negligence.” But I find certain parts of his defense unpersuasive. My discussion of those parts of his argument motivates the following thesis: Not only can one attempt to bring it about that one commits a crime of negligence, but the attempt can be successful as well. | |||||||||
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Douglas Husak (2011). Negligence, Belief, Blame and Criminal Liability: The Special Case of Forgetting. Criminal Law and Philosophy 5 (2):199-218.
Toby Handfield & Trevor Pisciotta (2005). Is the Risk–Liability Thesis Compatible with Negligence Law? Legal Theory 11:387-404.
Ori J. Herstein (2010). Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”. Canadian Journal of Law and Jurisprudence 23 (2):403-428.
Randall R. Curren (1992). A Causal Theory of Negligence. Social Philosophy Today 7:111-124.
Matt King (2009). The Problem with Negligence. Social Theory and Practice 35 (4):577-595.
Kenneth W. Simons (1999). Negligence. Social Philosophy and Policy 16 (02):52-.
Michael L. Corrado (2001). Egalitarianism and the Problem of Tort Liability. Noûs 35 (s1):388-419.
Ernest J. Weinrib (1983). Toward a Moral Theory of Negligence Law. Law and Philosophy 2 (1):37 - 62.
Michael Moore & Heidi Hurd (2011). Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence. Criminal Law and Philosophy 5 (2):147-198.
Michael Clark & Peter Cave (2010). Nowhere to Run? Punishing War Crimes. Res Publica 16 (2):197-207.
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