Punishing the Awkward, the Stupid, the Weak, and the Selfish

The Culpability of Negligence

Research output: Contribution to journalArticle

Abstract

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow-or risk causing or allowing-such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy.

Original languageEnglish (US)
Pages (from-to)147-198
Number of pages52
JournalCriminal Law and Philosophy
Volume5
Issue number2
DOIs
StatePublished - Jan 1 2011

Fingerprint

Culpability
Negligence
cause
human being
lack
Harm
Defects
Violations
Person
Precaution
Causes
Practical Reasoning
time

Keywords

  • Advertence
  • Capacity
  • Character
  • Inadvertence
  • Negligence
  • Recklessness
  • Tracing

ASJC Scopus subject areas

  • Philosophy
  • Law

Cite this

Punishing the Awkward, the Stupid, the Weak, and the Selfish : The Culpability of Negligence. / Moore, Michael; Hurd, Heidi M.

In: Criminal Law and Philosophy, Vol. 5, No. 2, 01.01.2011, p. 147-198.

Research output: Contribution to journalArticle

@article{7f760120df174304a234891323342d16,
title = "Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence",
abstract = "Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow-or risk causing or allowing-such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy.",
keywords = "Advertence, Capacity, Character, Inadvertence, Negligence, Recklessness, Tracing",
author = "Michael Moore and Hurd, {Heidi M}",
year = "2011",
month = "1",
day = "1",
doi = "10.1007/s11572-011-9114-0",
language = "English (US)",
volume = "5",
pages = "147--198",
journal = "Criminal Law and Philosophy",
issn = "1871-9791",
publisher = "Springer Netherlands",
number = "2",

}

TY - JOUR

T1 - Punishing the Awkward, the Stupid, the Weak, and the Selfish

T2 - The Culpability of Negligence

AU - Moore, Michael

AU - Hurd, Heidi M

PY - 2011/1/1

Y1 - 2011/1/1

N2 - Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow-or risk causing or allowing-such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy.

AB - Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow-or risk causing or allowing-such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy.

KW - Advertence

KW - Capacity

KW - Character

KW - Inadvertence

KW - Negligence

KW - Recklessness

KW - Tracing

UR - http://www.scopus.com/inward/record.url?scp=85028102412&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=85028102412&partnerID=8YFLogxK

U2 - 10.1007/s11572-011-9114-0

DO - 10.1007/s11572-011-9114-0

M3 - Article

VL - 5

SP - 147

EP - 198

JO - Criminal Law and Philosophy

JF - Criminal Law and Philosophy

SN - 1871-9791

IS - 2

ER -