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Rethinking the Reasonable PersonAn Egalitarian Reconstruction of the Objective Standard$
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Mayo Moran

Print publication date: 2003

Print ISBN-13: 9780199247820

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199247820.001.0001

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Ordinary Prudence, Equality, and the Rule of Law

Ordinary Prudence, Equality, and the Rule of Law

Chapter:
(p.164) 5 Ordinary Prudence, Equality, and the Rule of Law
Source:
Rethinking the Reasonable Person
Author(s):

Mayo Moran

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199247820.003.0006

It is significant that both the developmentally disabled and women have suffered sufficiently discriminatory histories that they are now often the focus of equality concern both in the law and in the theoretical writing. Reading the problems with the objective standard in the light of these histories suggests that the operation of the standard actually raises a much more general difficulty with the kind of basic civil equality notionally protected by the rule of law. To the extent that the notion of what is reasonable draws on views about normal behaviour, troubling or discriminatory social understandings of particular groups thereby seep into determinations of reasonableness under the objective standard. This chapter examines ordinary prudence, equality, and the rule of law as they apply to the reasonable person standard, along with discrimination, fault, and responsibility.

Keywords:   developmentally disabled, rule of law, equality, ordinary prudence, discrimination, objective standard, normal behaviour, women, responsibility

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