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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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