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University of Pennsylvania Carey Law School

Social Science and the Law

Social Welfare Law

Publication Year

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Full-Text Articles in Philosophy

Responsibility For Unintended Consequences, Claire Oakes Finkelstein Jan 2005

Responsibility For Unintended Consequences, Claire Oakes Finkelstein

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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. …


The Unrealized Power Of Mother, Dorothy E. Roberts Jan 1995

The Unrealized Power Of Mother, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.