Overview

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.

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9781107038905

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'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, Criminal Law and Philosophy

Author Information

Findlay Stark is University Lecturer in Criminal Law at the Faculty of Law, University of Cambridge, and a Fellow of Jesus College, Cambridge. His research and teaching centres around various aspects of criminal law, criminal procedure and criminal evidence.

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