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1. • • Definition Recklessness is a form of mens rea that involves a conscious disregard of a substantial and unjustifiable risk that a person’s actions will cause harm. This state of mind reflects a willingness to take risks that could result in serious consequences, distinguishing it from negligence, where a person fails to be aware of the risk.
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     Recklessness - Vocab, Definition, and Must Know Facts - Fiveable

2. library.fiveable.me · philosophy-law · recklessnessRecklessness - Vocab, Definition, and Must Know Facts - Fiveable

   library.fiveable.me · philosophy-law · recklessness

   

   Recklessness differs from negligence primarily in terms of awareness and intent. While negligence involves failing to perceive a risk that a reasonable person would recognize, recklessness entails knowingly disregarding a substantial and unjustifiable risk.

3. People also ask

   What is recklessness in criminal law?

   • Recklessness involves unreasonable/unjustified 1 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.

   The Reasonableness in Recklessness | Criminal Law and Philosophy

   link.springer.com/article/10.1007/s11572-019-09501-z

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   What are the elements of recklessness?

   • The other elements of recklessness (under-played during the Caldwell era) are that the defendant must have that reasonable belief himself, and choose to proceed without adequate justification.

   The Reasonableness in Recklessness | Criminal Law and Philosophy

   link.springer.com/article/10.1007/s11572-019-09501-z

   See all results for this question

   Can a defendant be reckless?

   • 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 un reasonable, she should not (normally) be considered reckless.

   The Reasonableness in Recklessness | Criminal Law and Philosophy

   link.springer.com/article/10.1007/s11572-019-09501-z

   See all results for this question

   Can a belief-centred view of recklessness lead to over-criminalisation?

   • Where recklessness marks the boundary of criminal liability for such offences, a belief-centred view of recklessness, which would not enquire into the reasonableness of the defendant’s belief regarding the relevant risk, can conduce to over-criminalisation.

   The Reasonableness in Recklessness | Criminal Law and Philosophy

   link.springer.com/article/10.1007/s11572-019-09501-z

   See all results for this question

4. link.springer.com · article · 10The Reasonableness in Recklessness - Criminal Law and Philosophy

   link.springer.com · article · 10

   

   Jul 3, 2019 · The modern English definition of recklessness in criminal damage, provided by the House of Lords in G and Another, grasps these other points: “A person acts recklessly … with respect to (i) a circumstance when he is aware of a risk that it exists or will exist; (ii) a result when he is aware of a risk that it will occur; and it is, in the ...

   • Author: Findlay Stark
   • Email: fgs23@cam.ac.uk

   • Publish Year: 2020

5. library.fiveable.me · recklessnessRecklessness - Vocab, Definition, and Must Know Facts - Fiveable

   library.fiveable.me · recklessness

   

   In Aristotle's view, recklessness is an extreme that contrasts with courage, which represents a balanced response to fear and danger. The notion of recklessness involves a conscious decision to ignore risks, showcasing a failure to exercise practical wisdom (phronesis).

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7. plato.stanford.edu · entries · ethics-virtueVirtue Ethics - Stanford Encyclopedia of Philosophy

   plato.stanford.edu · entries · ethics-virtue

   

   Jul 18, 2003 · Given that a virtue is such a multi-track disposition, it would obviously be reckless to attribute one to an agent on the basis of a single observed action or even a series of similar actions, especially if you don’t know the agent’s reasons for doing as she did (Sreenivasan 2002).

8. academic.oup.com · book · 44039Recklessness | Ignorance and Moral Responsibility | Oxford ...

   academic.oup.com · book · 44039

   

   The definition of recklessness given in the Model Penal Code goes as follows: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.

9. plato.stanford.edu · entries · aristotle-ethicsAristotle’s Ethics - Stanford Encyclopedia of Philosophy

   plato.stanford.edu · entries · aristotle-ethics

   

   May 1, 2001 · Aristotle describes ethical virtue as a “ hexis ” (“state” “condition” “disposition”)—a tendency or disposition, induced by our habits, to have appropriate feelings (1105b25–6). Defective states of character are hexeis (plural of hexis) as well, but they are tendencies to have inappropriate feelings.

10. academic.oup.com · book · 6681Rational Capacities, or: How to Distinguish Recklessness ...

    academic.oup.com · book · 6681

    

    In the first I focus on the case of recklessness. In this section I give an account of what it means to say that someone has the capacity to have beliefs other than those she has, and how her failure to exercise that capacity might explain her having the beliefs she has.