| Description |
xviii, 343 pages ; 24 cm |
| Contents |
Introduction: 'personal' problems: rethinking the reasonable person -- 1. Living on the fault line: the reasonable person -- 2. 'Boys will be boys': the child defendant and the objective standard -- 3. Fun with Dick and Jane -- 4. Just the facts: common sense ideas of the normal and the reasonable person -- 5. Ordinary prudence, equality, and the rule of law -- 6. Are objective standards worth saving? Exploring the feminist debate -- 7. Culpability and the objective standard: the sexual assault debate -- 8. Moving towards a solution: an egalitarian objective standard |
| Summary |
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 on the basis that it presupposes contested notions of 'normal' behaviour and may result in discriminatory treatment. Judges and mainstream theorists also increasingly puzzle over what the standards amounts to and how to apply it |
| Analysis |
Crime & criminology |
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Criminal law |
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Philosophy & theory of law |
| Notes |
Includes index |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Law -- hhilosophy
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Law -- History.
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Law -- Criticism and interpretation.
|
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Negligence.
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Torts.
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Sex discrimination in justice administration.
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Feminist jurisprudence.
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Law -- Methodology.
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Objectivity.
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Law -- Philosophy.
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Law -- Interpretation and construction.
|
| Author |
Oxford Scholarship Online.
|
| LC no. |
2004298838 |
| ISBN |
019924782X |
|
