Description
Book Synopsis'Rethinking the Reasonable Person' investigates whether there are deeper foundations to criticisms of whether the "reasonable person" concept presupposes contested notions of 'normal' behaviour and therefore may discriminate against certain classes of defendant, discussing how the legal standard might be reconstructed in a more egalitarian way.
Trade ReviewThe author dissects the concept of the reasonable person with intelligence and wit. ... This excellent book will no doubt be at the centre of debates about the reasonable person standard for some considerable time to come. * European Tort Law 2003: Tort and Insurance Law Yearbook *
Table of ContentsiIntroduction 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