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

Mayo Moran

Abstract

The reasonable person standard plays a central role in the law, especially 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 question what the standard amounts to and how to apply it. Using these controversies as a point of departure, this book examines the promise and the perils of the reasonable person standar ... More

Keywords: reasonable person, criminal law, private law, objective standard, normal behaviour, responsibility, defendant, feminism

Bibliographic Information

Print publication date: 2003 Print ISBN-13: 9780199247820
Published to Oxford Scholarship Online: January 2010 DOI:10.1093/acprof:oso/9780199247820.001.0001

Authors

Affiliations are at time of print publication.

Mayo Moran, author
Associate Professor, Faculty of Law, University of Toronto