Rethinking the Reasonable Person

An Egalitarian Reconstruction of the Objective Standard

By: Mayo Moran

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Hardcover | 9 October 2003

At a Glance

Hardcover
364 Pages

Dimensions(cm)
24.2 x 16.3 x 2.5

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$155.70

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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.

Industry Reviews

`This interesting book undertakes the difficult task of examining the various attempts to distinguish the essential qualities of the 'reasonable person' from those that can be disregarded.' The Cambridge Law Journal `This is an illuminating and persuasive account of judicial interpretation of the reasonable person standard. It draws together work from a number of legal disciplines (including, in particular, the criminal law) in a clear and convincing manner, and offers thought-provoking suggestions for the future.' The Cambridge Law Journal `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

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