The 'reasonable person' is used to assess the acceptability of behavior 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.
The 'reasonable person' is used to assess the acceptability of behavior 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.
Mayo Moran is an Associate Professor at the Faculty of Law, University of Toronto. She recently completed an appointment as Associate Dean.
Inhaltsangabe
* 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
* 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
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