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The Reasonableness in Recklessness

Accepted version
Peer-reviewed

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Type

Article

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Abstract

Recklessness involves unreasonable/unjustified risk-taking. The argument here is that recklessness in the criminal law is best understood as nevertheless containing an element of reasonableness. To be reckless, on this view, the defendant must reasonably believe that she is exposing others to a risk of harm. If the defendant’s belief about the risk being imposed by her conduct is unreasonable, she should not (normally) be considered reckless. This point is most important in relation to offences of endangerment where recklessness sets the outer limits of criminal liability.

Description

Keywords

Mens Rea, Recklessness, Endangerment, Attempts

Journal Title

Criminal Law and Philosophy

Conference Name

Journal ISSN

1871-9791
1871-9805

Volume Title

14

Publisher

Springer Science and Business Media LLC

Rights

All rights reserved