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 insofar as it presupposes contested notions of 'normal' behaviour and may discriminate against certain classes of defendant. Judges and mainstream theorists also increasingly puzzle over what the standard amounts to and how to apply it. Using these controversies as a point of departure, Rethinking the Reasonable Person examines the promise and the perils of the reasonable person standard. Ultimately, it argues that an objective standard is not only defensible but essential. Yet only with a radical reconstruction will it be possible to realize the promise of the standard and to ensure a truly egalitarian conception of responsibility.

About the Author
Mayo Moran is an Associate Professor at the Faculty of Law, University of Toronto. She recently completed an appointment as Associate Dean.

Reviews
The 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 *



Book Information
ISBN 9780199247820
Author Mayo Moran
Format Hardback
Page Count 364
Imprint Oxford University Press
Publisher Oxford University Press
Weight(grams) 669g
Dimensions(mm) 242mm * 163mm * 25mm