Negligence, Recklessness, and Strict Liability

Abstract This chapter focuses on arguments concerning the blameworthiness, or culpability, of negligence. Roughly speaking, the term negligence applies in cases where a harm is done inadvertently. The chapter sets out the puzzle of negligence and contrasts it with recklessness and strict liability. Unlike recklessness, negligence does not involve an awareness of the risk taken. On the other hand, negligence seems more plausible as a genuine ground for culpability than strict liability. The chapter surveys the various arguments that have been given for the culpability of negligence and it suggests that grounds for blameworthiness will not be found in pure negligence. However, there may nonetheless be ways to vindicate legal and informal practices of negligence responsibility.