Rethinking the Reasonable Person : An Egalitarian Reconstruction of the Objective Standard
Rethinking the Reasonable Person : An Egalitarian Reconstruction of the Objective Standard
Click to enlarge
Author(s): Moran, Mayo
ISBN No.: 9780199247820
Pages: 364
Year: 200310
Format: Trade Cloth (Hard Cover)
Price: $ 247.92
Dispatch delay: Dispatched between 7 to 15 days
Status: Available (On Demand)

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.


To be able to view the table of contents for this publication then please subscribe by clicking the button below...
To be able to view the full description for this publication then please subscribe by clicking the button below...