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Vol 21 No 8 Aug/Sept 2016

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Rethinking the Reasonable Person

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Mayo MoranAssociate Professor, Faculty of Law, University of Toronto, Canada

ISBN13: 9780199247820
ISBN: 019924782X
Published: October 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £73.00



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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.

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Subjects:
Jurisprudence
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