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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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Moving towards a Solution: An Egalitarian Objective Standard

Moving towards a Solution: An Egalitarian Objective Standard

Chapter:
(p.274) 8 Moving towards a Solution: An Egalitarian Objective Standard
Source:
Rethinking the Reasonable Person
Author(s):

Mayo Moran

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199247820.003.0009

Looking to the defences of negligence as a ground of criminal liability serves to highlight some reasons why feminists and other egalitarians might continue to hold out hope for an objective standard in the reasonable person debate. The idea that fault in negligence might best be understood as targeting indifference to the interests of others seems to provide a more promising way to read the content of the objective standard. This chapter examines whether the objective reasonableness test, which can be defended on egalitarian grounds in theory at least, can actually realise these ambitions; in particular, how to ensure that the objective standard properly targets the wrong of indifference, which is identified as the most egalitarian understanding of culpable inadvertence. The focus is on feminist law reform efforts in a number of areas, with emphasis on the American law of sexual harassment.

Keywords:   objective standard, equality, feminism, reasonable person, sexual harassment, law reform, negligence, indifference

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