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

Hardcover | February 11, 2004

byMayo Moran

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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 andthe 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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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 again...

Mayo Moran is an Associate Professor at the Faculty of Law, University of Toronto. She recently completed an appointment as Associate Dean.
Format:HardcoverDimensions:364 pages, 9.21 × 6.14 × 0.97 inPublished:February 11, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019924782X

ISBN - 13:9780199247820

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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

Editorial Reviews

`This book is scholarly and challenging but also provides a succinct and, by and large, admirably clear account of a number of areas of interest.'The Cambridge Law Journal