Negligence, Belief, Blame and Criminal Liability: The Special Case of Forgetting [Book Review]

Criminal Law and Philosophy 5 (2):199-218 (2011)
Commentators seemingly agree about what negligence is—and how it is contrasted from recklessness. They also appear to concur about whether particular examples (both real and hypothetical) portray negligence. I am less confident about each of these matters. I explore the distinction between recklessness and negligence by examining a type of case that has generated a good deal of critical discussion: those in which a defendant forgets that he has created a substantial and unjustifiable risk of harm. Even in this limited kind of example, no single perspective on blame and liability proves to be defensible. Nonetheless, a discussion of this type of case is helpful because it enables us to appreciate the difficulties in understanding the nature of negligence and the ensuing uncertainty about whether penal liability for negligence is ever warranted
Keywords Blame  Liability  Belief  Epistemology  Forgetting  Negligence  Recklessness  Punishment
Categories (categorize this paper)
DOI 10.1007/s11572-011-9115-z
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 24,463
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA
Tamar Szabó Gendler (2008). Alief and Belief. Journal of Philosophy 105 (10):634-663.
Eric Schwitzgebel (2001). In-Between Believing. Philosophical Quarterly 51 (202):76-82.

View all 17 references / Add more references

Citations of this work BETA
Douglas Husak (2012). Intoxication and Culpability. Criminal Law and Philosophy 6 (3):363-379.
David Zoller (2015). Moral Responsibility for Distant Collective Harms. Ethical Theory and Moral Practice 18 (5):995-1010.
Graham Hubbs (2013). Alief and Explanation. Metaphilosophy 44 (5):604-620.
Kenneth Simons (2011). When is Negligent Inadvertence Culpable? Criminal Law and Philosophy 5 (2):97-114.

Add more citations

Similar books and articles
Joseph Raz (2010). Responsibility and the Negligence Standard. Oxford Journal of Legal Studies 30 (1):1-18.
Kenneth Simons (2011). When is Negligent Inadvertence Culpable? Criminal Law and Philosophy 5 (2):97-114.
John R. Danley (2005). Polishing Up the Pinto. Business Ethics Quarterly 15 (2):205-236.

Monthly downloads

Added to index


Total downloads

57 ( #85,722 of 1,925,522 )

Recent downloads (6 months)

9 ( #96,508 of 1,925,522 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.