2021/04/01 by Dennis J Baker · 1 citation
Social Sciences · #Classical Antiquity Studies #Legal principles and applications #Crime, Deviance, and Social Control
paper · doi:10.1177/00220183211004068
openalex publication_date 2021/04/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/05/21
In this article, it is argued that the mental element for gross negligence manslaughter requires subjective fault. It is argued that the negligent conduct is evaluated objectively but does not mean a person cannot be subjectively aware of the fact that he or she is engaging in such conduct. Wilful negligence is not contradictory, because the noun refers to the conduct while the adjective refers to the fault of the wrongdoer. It is submitted the ancient authorities strongly support the theory of that grossness in negligence required subjective fault—and was not referring to the noun.