Negligence and Defendants with Special Skills

Cambridge Law Journal, pp.8-10, 2010

4 Pages Posted: 26 Feb 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2010

Abstract

Discussions of the objective standard of care in the criminal law tend to focus on its treatment of incompetent defendants. Relatively little has been said about its application to defendants who are especially capable. This focus is understandable. For one thing, the incompetent are much more likely to fall short of this standard than the gifted. Another reason for this focus is that it is a greater philosophical challenge to justify holding the incompetent to the objective standard than those who have the capacity to meet it.

Keywords: criminal law, negligence, motor vehicles, objective standard of care

JEL Classification: K14

Suggested Citation

Goudkamp, James, Negligence and Defendants with Special Skills (2010). Cambridge Law Journal, pp.8-10, 2010, Available at SSRN: https://ssrn.com/abstract=2737636

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

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