We explain what recklessness is and what reckless people are like. In addition, we tell you what recklessness means in law.
What is recklessness?
Recklessness is a high degree of recklessness, that is, performing an action thoughtlessly, without taking into account its consequences, or taking the necessary precautions and, therefore, taking an unnecessary, avoidable risk. A person who acts recklessly is called reckless either reckless.
The words “reckless” and “reckless” come from the Latin word reckless (“thoughtless”, “inconsiderate” or “accidental”), which was used, for example, to name words said lightly (reckless voice). This Latin word comes, in turn, from a primitive Latin word (fear either you will fear) linked to darkness, so that, in essence, something done recklessly is something done in the dark or blindly, which means, figuratively, that it was done without power see its details and its consequences.
Therefore, one can speak of a reckless persona reckless decision or one reckless actionalways to indicate that they are characterized by a lack of prudence, that is, they do not take into account the risks they run and therefore they can go very wrong. For example, a person who in a casino decides to bet all his money on a roulette number at once is making a mistake. reckless betbecause the chances of winning are low and if you lose you will have been left with nothing in your pockets.
It is possible that recklessness is culturally related to bravery or courage, that is, to typical attitudes of a person who lacks fear or who does not care about the consequences. However, the sense in which the term “reckless” is used is not exactly positive, but rather questionable: reckless actions are closer to blindness or folly than heroism.
They are synonymous with recklessness: imprudence, thoughtlessness, inconsideration, daring and courage. On the contrary, they are antonyms of this word: prudence, reflexivity, consideration, care and caution.
See also: Negligence
Recklessness in law
In legal language, recklessness is understood (procedural recklessness) or malice to the conduct of someone who uses the law and the legal process in bad faithabusing their legal possibilities to make illegitimate claims or refusing to comply with jurisprudence knowing that they are not right. In other words, recklessness is the abuse of jurisprudence, the carrying out of actions whose purpose is to hinder the due process of justiceas in the case of legal fraud.
Thus, for example, a lawyer may act recklessly when, knowing that he is not right, he makes requests without legal basis or wild allegations, with the sole purpose of obscuring the process or delaying a decision that would be contrary to him. These types of actions are usually punished by law through the imposition of fines or, if repeated, through more severe sanctions.
Malicious recklessness
In the legal language of some countries, The maximum degree of procedural recklessness is called malicious recklessness either reckless malicethat is, the legal action of an individual knowing his own unreason, in such a serious and malicious manner that it shows not only recklessness, but also a significant disregard for the elementary rules of due process and the transparency of justice. .
Continue with: Irresponsibility
References
- “Recklessness” in the Dictionary of the Language of the Royal Spanish Academy.
- “Procedural recklessness” in the Pan-Hispanic Dictionary of Legal Spanish.
- “Recklessness or malice” in the Ministry of Justice and Human Rights of Argentina.
- “Procedural recklessness” in Legal Encyclopedia.
- “Etymology of Temerario” in the Online Spanish Etymological Dictionary.
