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Recklessness by James B. Brady is a Social Sciences article available to read on EtoBox.
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## RECKLESSNESS Recklessness as a mode of culpability is particularly interesting since it hovers, as it were, uncertainly between intention and negligence. In this paper I will try to give an account of recklessness and argue that there are good reasons for retaining recklessness as a separate mode of culpability. Recklessness as a distinct mode of culpability faces threats from two different directions. It can be collapsed into the legal definition of intention or it can be confused with the concept of negligence. In this article my primary concern will be to distinguish recklessness from negligence, but a few words are necessary to indicate the former problem. This problem can be illustrated by the House of Lords' decision in Hyam v. D.P.P. ~ Mrs. Hyam, a jilted lover, had attempted to frighten her rival by pouring gasoline in the letter slot of her home and lighting it with an ignited newspaper. In the ensuing fire, two children died. In her trial for murder, Mrs. Hyam maintained that she had not intended death or serious bodily harm, but had only intended to frighten her rival. If mere foresight of risk (the opinions speak of various degrees of risk such as "high probability",
Who reads Recklessness?
It is typically read by researchers, students, and practitioners in Social Sciences.
- Author
- James B. Brady
- Publisher
- Springer Netherlands; Springer-Verlag; Kluwer Academic Publishers; Springer Science and Business Media LLC (ISSN 0167-5249)
- Published
- 1996
- Language
- EN
- Field
- Social Sciences