Chosen Negligence

I argue that, contrary to popular belief, inculpation for criminal negligence can adequately be explained by a choice-based account of criminal inculpation without recourse to strategies that trace blame to choices made prior to the criminalised conduct. The key to doing so is distinguishing between the (ex ante) criminal culpability analysis that feeds into criminalisation decisions, and the (ex post) criminal culpability analysis relevant to deciding the criminal culpability of a particular instance of previously criminalised conduct. I argue that the account I defend is superior to its competitors; it offers a clear link between the defendant’s deed and her worthiness of blame, and does not criminalise over- or under-inclusively.