Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

by Mayo Moran

Overview

The 'reasonable person' is used to assess the acceptability of behavior in many areas of the law including criminal law and accident law. However the reasonable person has also attracted substantial criticism from egalitarian critics and feminists insofar as it presupposes contested notions of 'normal' behaviour and may discriminate against certain classes of defendant. Rethinking the Reasonable Person systematically investigates whether there are deeper foundations to these criticisms and discusses how the legal standard might be reconstructed in a more egalitarian way.

Product Details

ISBN-13:	9780199247820
Publisher:	Oxford University Press
Publication date:	12/11/2003
Pages:	364
Product dimensions:	9.21(w) x 6.14(h) x 0.81(d)

About the Author

Mayo Moran is an Associate Professor at the Faculty of Law, University of Toronto. She recently completed an appointment as Associate Dean.

Table of Contents

iIntroduction. Personal Problems: Rethinking the Reasonable PersonOne. Living on the Fault Line: The Reasonable Person and the Developmentally DisabledTwo. 'Boys Will Be Boys': The Child Defendant and the Objective StandardThree. Entrapment and TemptationsFour. Just the Facts: Common Sense Ideas of the Normal and the Reasonable PersonFive. Ordinary Prudence, Equality, and the Rule of LawSix. Are Objective Standards Worth Saving? Exploring the Feminist DebatesSeven. Culpability and the Objective Standard:The Sexual Assault DebateEight. Moving Towards a Solution: An Egalitarian Objective StandardTable of CasesTable of LegislationBibliography