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Date: Mon, 15 Mar 2004 10:44:50 –0500

From: Jason Neyers

Subject: Just published!

 

Dear Colleagues:

Congratulations to Mayo Moran, one of our ODG colleagues, for the recent publication of Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard (Oxford University Press, 2003).

Summary: The reasonable person 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 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 ensure a truly egalitarian conception of responsibility.

 

Happy Reading,

--
Jason Neyers
January Term Director
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

 

 


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