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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
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.
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