Book contents
- Explaining Tort and Crime
- Explaining Tort and Crime
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases
- Table of Legislation
- Part I Setting the Scene: Introduction and Methods for Explaining
- Part II Mental States and Careless Acts: The Development of Fault Doctrine in Crime and Tort
- 3 Fault Doctrines in Criminal Law
- 4 Fault Doctrines in Tort Law
- 5 Explaining the Criminal and Tortious Developments in Fault Doctrine
- Part III Procedures Interfacing Tort and Crime
- Part IV Conclusions
- Index
3 - Fault Doctrines in Criminal Law
from Part II - Mental States and Careless Acts: The Development of Fault Doctrine in Crime and Tort
Published online by Cambridge University Press: 07 July 2022
- Explaining Tort and Crime
- Explaining Tort and Crime
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases
- Table of Legislation
- Part I Setting the Scene: Introduction and Methods for Explaining
- Part II Mental States and Careless Acts: The Development of Fault Doctrine in Crime and Tort
- 3 Fault Doctrines in Criminal Law
- 4 Fault Doctrines in Tort Law
- 5 Explaining the Criminal and Tortious Developments in Fault Doctrine
- Part III Procedures Interfacing Tort and Crime
- Part IV Conclusions
- Index
Summary
The doctrines and roles of fault in our period tell a very complex story open to different interpretations. Fault, in this context, describes what aspect of the conduct of the defendant the criminal law used to express blame. Its paradigm form in our period was intention: some sense that the defendant had a purpose in carrying out proscribed conduct or to achieve a prohibited result. It had other forms, which will be discussed here. In particular, the criminal law moved from a broad-brush mens rea, focused on intention, to later differentiating between four forms: intention, deliberate risk-taking, negligence and permitting strict liability.
- Type
- Chapter
- Information
- Explaining Tort and CrimeLegal Development Across Laws and Legal Systems, 1850–2020, pp. 37 - 107Publisher: Cambridge University PressPrint publication year: 2022