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Articles 1 - 3 of 3
Full-Text Articles in Social Welfare Law
Privatization And Punishment In The New Era Of Reprogenetics, Dorothy E. Roberts
Privatization And Punishment In The New Era Of Reprogenetics, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Community Dimension Of State Child Protection, Dorothy E. Roberts
The Community Dimension Of State Child Protection, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
All Faculty Scholarship
The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …