Rethinking the Reasonable Person
An Egalitarian Reconstruction of the Objective Standard
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 October 2003
- ISBN 9780199247820
- Binding Hardback
- No. of pages364 pages
- Size 242x163x24 mm
- Weight 669 g
- Language English 0
Categories
Short description:
The 'reasonable person' is used to assess the acceptability of behaviour 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.
MoreLong description:
The reasonable person standard plays a central role in the law, figuring prominently in tort law, criminal law, and administrative 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. Judges and mainstream theorists also increasingly puzzle over what the standard amounts to and how to apply it. Using these controversies as a point of departure, Rethinking the Reasonable Person examines the promise and the perils of the reasonable person standard. Ultimately, it argues that an objective standard is not only defensible but essential. Yet only with a radical reconstruction will it be possible to realize the promise of the standard and to ensure a truly egalitarian conception of responsibility.
The author dissects the concept of the reasonable person with intelligence and wit. ... This excellent book will no doubt be at the centre of debates about the reasonable person standard for some considerable time to come.
Table of Contents:
Personal Problems: Rethinking the Reasonable Person
Living on the Fault Line: The Reasonable Person and the Developmentally Disabled
'Boys Will Be Boys': The Child Defendant and the Objective Standard
Entrapment and Temptations
Just the Facts: Common Sense Ideas of the Normal and the Reasonable Person
Ordinary Prudence, Equality, and the Rule of Law
Are Objective Standards Worth Saving? Exploring the Feminist Debates
Culpability and the Objective Standard:The Sexual Assault Debate
Moving Towards a Solution: An Egalitarian Objective Standard
Table of Cases
Table of Legislation
Bibliography
