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2011•Oxford University Press eBooksRequires access

Against Negligence Liability

Larry Alexander, Kimberly Kessler Ferzan

Open publisher page 5 citations

Abstract

This chapter presents arguments against negligence liability. It explains why negligence is not culpable and discusses failed attempts to narrow negligence as well as the arbitrariness of the reasonable person test. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as criminal responsibility, whether negligence is blameless, cognitive science and contextual negligence liability, and the distinction between negligence and recklessness.

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What this paper is about

This chapter presents arguments against negligence liability. It explains why negligence is not culpable and discusses failed attempts to narrow negligence as well as the arbitrariness of the reasonable person test. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as criminal responsibility, whether negligence is blameless, cognitive science and contextual negligence liability, and the distinction between negligence and recklessness.

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OpenAlex reports 5 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available abstract

This chapter presents arguments against negligence liability. It explains why negligence is not culpable and discusses failed attempts to narrow negligence as well as the arbitrariness of the reasonable person test. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as criminal responsibility, whether negligence is blameless, cognitive science and contextual negligence liability, and the distinction between negligence and recklessness.

Key concepts: Liability, Business, Accounting

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