The Model Code definition of “negligence” generally conforms with the common law definition (see II.C.4.): a person acts negligently when he should be aware of a “substantial and unjustifiable risk.” This is a risk that constitutes “a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.” MPC § 2.02(2)(d). Notice that the critical difference between recklessness and negligence under the Code is that, in the former case, the actor is consciously aware of the substantial and unjustifiable risk, but proceeds anyway; in the case of negligence, the actor is not aware of the risk, but should be. C. Interpretative Rules The Code avoids some of the interpretative problems confronting courts and lawyers (and students!) when dealing with common law and non-MPC statutes, which were discussed earlier.