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> negligence is essentially malicious The definition of negligence is that it isn't malicious.
by beervirus 6y ago
> negligence is essentially malicious
The definition of negligence is that it isn't malicious.
- tshaddox 6y agoI'm not really attempting to use precise legal terms, because those vary a lot. For instance, "actual malice" in US libel law doesn't require intention or desire to harm (the normal dictionary definition of "malice"), but can simply be negligence (making a statement with a "reckless disregard of whether it was false or not"). My point is that, if you ought to have done something, and you didn't, you're culpable. And I would certainly use the word "malice" (in the everyday sense, not in all legal contexts) to describe someone who knows they are cutting corners that might have damaging consequences, but cuts corners anyway. I think it's malicious to harm or endanger other people to make a buck.