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

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

by Mayo Moran
     
 

ISBN-10: 019924782X

ISBN-13: 9780199247820

Pub. Date: 12/11/2003

Publisher: Oxford University Press

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

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:
368
Product dimensions:
9.30(w) x 6.00(h) x 1.10(d)

Table of Contents

iIntroduction. Personal Problems: Rethinking the Reasonable Person
One. Living on the Fault Line: The Reasonable Person and the Developmentally Disabled
Two. 'Boys Will Be Boys': The Child Defendant and the Objective Standard
Three. Entrapment and Temptations
Four. Just the Facts: Common Sense Ideas of the Normal and the Reasonable Person
Five. Ordinary Prudence, Equality, and the Rule of Law
Six. Are Objective Standards Worth Saving? Exploring the Feminist Debates
Seven. Culpability and the Objective Standard:The Sexual Assault Debate
Eight. Moving Towards a Solution: An Egalitarian Objective Standard
Table of Cases
Table of Legislation
Bibliography

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