{"title":"The Many Faces of the Reasonable Person","authors":"J. Gardner","doi":"10.1093/oso/9780198852940.003.0009","DOIUrl":null,"url":null,"abstract":"Reviews the various legal contexts in which the reasonable person test may be invoked. Argues that the test supplies extra-legal standards from which courts must attempt to construct legal standards, and discusses why this is deemed a useful adjudicative exercise. Suggests that the reasonable person can be thought of as a justified person, and considers the relevance of this insight for feminist critiques of the test.","PeriodicalId":83159,"journal":{"name":"The Law quarterly review","volume":"131 1","pages":"563-584"},"PeriodicalIF":0.0000,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"58","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Law quarterly review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oso/9780198852940.003.0009","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 58
Abstract
Reviews the various legal contexts in which the reasonable person test may be invoked. Argues that the test supplies extra-legal standards from which courts must attempt to construct legal standards, and discusses why this is deemed a useful adjudicative exercise. Suggests that the reasonable person can be thought of as a justified person, and considers the relevance of this insight for feminist critiques of the test.