recklessness redefined.pdf

recklessness redefined.pdf - Editorial Committee of the...

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Editorial Committee of the Cambridge Law Journal Recklessness Redefined Author(s): Glanville Williams Source: The Cambridge Law Journal, Vol. 40, No. 2 (Nov., 1981), pp. 252-283 Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge Law Journal Stable URL: Accessed: 15-10-2018 14:34 UTC JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected] Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at Cambridge University Press, Editorial Committee of the Cambridge Law Journal are collaborating with JSTOR to digitize, preserve and extend access to The Cambridge Law Journal This content downloaded from 180.200.233.250 on Mon, 15 Oct 2018 14:34:25 UTC All use subject to
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Cambridge Law Journal, 40 (2), November 1981, pp. 252-283 Printed in Great Britain. RECKLESSNESS REDEFINED Glanville Williams The decisions of the House of Lords in Caldwell1 and Lawrence2 can be read in widely differing ways. Taken face they are a slap-happy repudiation of the concept of ness that has been carefully developed in the last few yea back to the notion that recklessness includes inadvertent n and working a profoundly regrettable change in the crimin on the other hand, each decision is interpreted in the lig facts, with a sentence from one of the less conspicuou Caldwell transferred to one that is thrust more prominently u attention, and if, as the result of this, the expressed ratio in each case is materially rewritten, they can be seen as i acceptable restrictions upon the requirement of a mental in crime. In each case the majority opinion was essentially expres a single judgment, with some supplementary remarks in from Lord Hailsham, while the minority opinion in Caldw expressed in the same way. For the practitioner and comm this represents a great simplification. It is often difficult e analyse a single opinion; to have to consider and compare of varying opinions can be a burden. A further possible a of the monolithic judgment is that it presents the possib fruitful collaboration between all members of the court to the most precise, acceptable and helpful statement of Unhappily, these are not the characteristics of the prevailin in the two cases. The first and more important of the pair, Caldwell, was a 3-2 decision in which the opinion of the majority was expressed by Lord Diplock and that of the minority by Lord Edmund-Davies. In TMwrence the main opinion was again delivered by Lord Diplock, who substantially repeated his extended view of recklessness; and this time he gained three more adherents: Lord Hailsham L.C.
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  • Fall '17
  • criminal law, Meaning of life, Lord Diplock

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