共查询到20条相似文献,搜索用时 15 毫秒
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Criminal Law and Philosophy - Recklessness involves unreasonable/unjustified risk-taking. The argument here is that recklessness in the criminal law is best understood as nevertheless containing an... 相似文献
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Criminal Law and Philosophy - Risk is at the core of criminal recklessness, but its exact constitution comes into focus only in unusual cases. In rethinking criminal law, Larry Alexander and... 相似文献
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Christine Parker 《Law & policy》2016,38(3):181-185
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Douglas Husak 《Criminal Law and Philosophy》2011,5(2):199-218
Commentators seemingly agree about what negligence is—and how it is contrasted from recklessness. They also appear to concur about whether particular examples (both real and hypothetical)
portray negligence. I am less confident about each of these matters. I explore the distinction between recklessness and negligence
by examining a type of case that has generated a good deal of critical discussion: those in which a defendant forgets that he has created a substantial and unjustifiable risk of harm. Even in this limited kind of example, no single perspective
on blame and liability proves to be defensible. Nonetheless, a discussion of this type of case is helpful because it enables
us to appreciate the difficulties in understanding the nature of negligence and the ensuing uncertainty about whether penal
liability for negligence is ever warranted. 相似文献
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Jeffery T. Ulmer 《Justice Quarterly》2019,36(7):1145-1147
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Charls Pearson 《International Journal for the Semiotics of Law》2008,21(3):201-208
This special issue should go a long way towards increasing the understanding of Peirce’s semeiotic and its applicability for
solving problems in legal studies. In fact, the New Science of Semiotics should result in developing a rigorous and systematic
methodology for legal studies making it a true semiotic science which I suggest calling “jurisology.” 相似文献