Jurnal Hukum dan Peradilan
Vol 14 No 1 (2025)

A Cross-Jurisdictional Exploration of Inadvertent Negligence in Legal Theory and Practice

Mustafa, Cecep (Unknown)



Article Info

Publish Date
31 Mar 2025

Abstract

This paper explores the complexities of criminal liability for inadvertent negligence through a comparative and interdisciplinary approach. While civil law jurisdictions, such as Germany, embrace a broad scope for criminal negligence, common law systems, including those in the United States and the United Kingdom, and typically restrict criminal liability to more severe forms of negligence. By integrating legal theory with philosophical and psychological perspectives, this study examines the moral and cognitive dimensions of negligence. It proposes a framework for a more just and effective legal system. The findings highlight significant disparities between legal systems and provide recommendations for harmonizing definitions, enhancing judicial training, increasing public awareness, and promoting international dialogue. This research contributes novel insights into the application of negligence laws and advocates for a balanced approach to criminal liability.

Copyrights © 2025






Journal Info

Abbrev

jurnalhukumperadilan

Publisher

Subject

Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum dan Peradilan (JHP) is published by the Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia. JHP aimed to be a peer-reviewed platform and an authoritative source of information on legal and judiciary studies. The scope of JHP is analytical, objective, ...