PHIL 2060 Lecture Notes - Lecture 8: Murder, Homicide, Voluntary Manslaughter
Document Summary
Mens rea the knowledge of circumstances plus foresight of consequences and the absence of excusing conditions. The intention to do a only if b occurs (people only intended to hurt ed if ed resisted. Recklessness: conscious disregard of a substantial and unjustifiable risk: the harm that a reckless person causes is not intended, but is foreseen. It"s not that you"re aiming to hurt someone, but it is foreseen that you will. (reckless driving, you"re driving unsafely, you aren"t intending to harm anyone, but you"re acting knowingly: subjecting others to harm by your reckless act) Intentional and reckless acts both count as a mens rea. Objective liability- you could be held liable even if you had no idea that you were committing harmful acts. Liability for negligence: negligence: failure to take reasonable care (culpable carelessness) Reasonable care variables: level of risk of serious harm to which our acts expose others, social importance of object to be attained by risky acts.