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A Question Internal to Liberal Theory

Jonathan Quong

in Liberalism without Perfection

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594870
eISBN:
9780191723513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594870.003.0006
Subject:
Political Science, Comparative Politics, Political Theory

This chapter draws a distinction between external and internal conceptions of political liberalism. While these two conceptions are often conflated by both political liberalism's critics and ... More


The Role of an Overlapping Consensus

Jonathan Quong

in Liberalism without Perfection

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594870
eISBN:
9780191723513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594870.003.0007
Subject:
Political Science, Comparative Politics, Political Theory

Critics of political liberalism argue that the appeal to what reasonable people could accept must either confuse mere agreement with justification, or else the appeal to what reasonable people could ... More


The Standard of the Reasonable Person in the Criminal Law

Marcia Baron

in The Structures of the Criminal Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199644315
eISBN:
9780191732249
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644315.003.0002
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter attempts to understand the objections to the reasonable person standard in the criminal law, and to sort out the objections that are serious and require much more attention than can be ... More


What Kind of Liberalism?

Jonathan Quong

in Liberalism without Perfection

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594870
eISBN:
9780191723513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594870.003.0002
Subject:
Political Science, Comparative Politics, Political Theory

This chapter provides a detailed map of the dispute regarding what role, if any, conceptions of the good should play in liberal political theory. In particular, the chapter outlines the essential ... More


Moving towards a Solution: An Egalitarian Objective Standard

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0009
Subject:
Law, Philosophy of Law

Looking to the defences of negligence as a ground of criminal liability serves to highlight some reasons why feminists and other egalitarians might continue to hold out hope for an objective standard ... More


Introduction: ‘Personal’ Problems: Rethinking the Reasonable Person

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0001
Subject:
Law, Philosophy of Law

For well over a century, the reasonable person — or perhaps, more accurately, the reasonable man — has been a central figure in the landscape of the law. The reasonable person has, for instance, ... More


Introduction

Jonathan Quong

in Liberalism without Perfection

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594870
eISBN:
9780191723513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594870.003.0001
Subject:
Political Science, Comparative Politics, Political Theory

The book's introductory chapter explains the debate between liberal perfectionism and political liberalism, and provides a brief account of why the author endorses the political liberal view, ... More


Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Mayo Moran

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.001.0001
Subject:
Law, Philosophy of Law

The reasonable person standard plays a central role in the law, especially in tort law, criminal law, and administrative law. However, the reasonable person has also attracted substantial criticism ... More


Idiosyncrasy, disagreement, and the reasonable person standard

Krista Lawlor

in Assurance: An Austinian View of Knowledge and Knowledge Claims

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199657896
eISBN:
9780191748127
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657896.003.0006
Subject:
Philosophy, Philosophy of Language, Metaphysics/Epistemology

This chapter gives a substantive account of how a reasonable person standard determines the set of reasonable alternatives in a given situation. The reasonable person possesses both world knowledge ... More


The Hegemony of the Reasonable Person in Anglo-American Tort Law

Kenneth W. Simons

in Oxford Studies in Private Law Theory: Volume I

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198851356
eISBN:
9780191885976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198851356.003.0003
Subject:
Law, Private International Law

Tort law has increasingly employed the rubric of the reasonable person in a variety of doctrinal domains. Many jurisdictions have rejected a differentiation of landowner duties according to the ... More


The Modern General Part: Three Illusions

PAUL H. ROBINSON

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0004
Subject:
Law, Criminal Law and Criminology

Criminal law theorists like to think that they are moving existing criminal law theory to a higher plateau of rationality. In truth, however, their advances in rationality often are less than they ... More


Assurance: An Austinian View of Knowledge and Knowledge Claims

Krista Lawlor

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199657896
eISBN:
9780191748127
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657896.001.0001
Subject:
Philosophy, Philosophy of Language, Metaphysics/Epistemology

Claiming to know is more than making a report about one's epistemic position; one also offers one's assurance to others. What is an assurance? This book unites J. L. Austin's insights about the ... More


Knew—Or Should Have Known?

George Sher

in Who Knew?: Responsibility Without Awareness

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195389197
eISBN:
9780199866724
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389197.003.0005
Subject:
Philosophy, Moral Philosophy

This chapter begins the attempt to find a workable alternative to the searchlight view. It examines the suggestion that agents who unwittingly act wrongly or foolishly are responsible when and ... More


The Many Faces of the Reasonable Person

John Gardner

in Torts and Other Wrongs

Published in print:
2019
Published Online:
February 2020
ISBN:
9780198852940
eISBN:
9780191887208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198852940.003.0009
Subject:
Law, Philosophy of Law

The reasonable person is the longest-established of ‘the select group of personalities who inhabit our legal village and are available to be called upon when a problem arises that needs to be solved ... More


Negligence

Jennifer K. Robbennolt and Valerie P. Hans

in The Psychology of Tort Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.003.0004
Subject:
Psychology, Social Psychology

This chapter explores the “reasonable person” who sits at the heart of tort law and negligence. Psychology has important implications for understanding this central figure. Psychological research ... More


The Implications of Heuristics and Biases Research on Moral and Legal Responsibility: A Case Against the Reasonable Person Standard

Leora Dahan-Katz

in Neuroscience and Legal Responsibility

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199925605
eISBN:
9780199332939
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199925605.003.0006
Subject:
Philosophy, Moral Philosophy

Research in the field of heuristics and biases has demonstrated that human reasoning processes are often non-normative. Specifically, such research demonstrates that human reasoning processes often ... More


The speech act of assurance

Krista Lawlor

in Assurance: An Austinian View of Knowledge and Knowledge Claims

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199657896
eISBN:
9780191748127
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657896.003.0002
Subject:
Philosophy, Philosophy of Language, Metaphysics/Epistemology

We start with Austin’s suggestion that we should compare ‘I know’ with ‘I promise.’ Assurances, routinely expressed with an explicit ‘I know’, offer an unlimited guarantee to one’s addressee. This ... More


The Mysterious Case of the Reasonable Person

John Gardner

in Torts and Other Wrongs

Published in print:
2019
Published Online:
February 2020
ISBN:
9780198852940
eISBN:
9780191887208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198852940.003.0008
Subject:
Law, Philosophy of Law

This chapter focuses on the ‘reasonable person’, that ‘excellent but odious character’ who seems to inhabit every nook and cranny of the common law. According to Ripstein, the reasonable person ... More


Being Unreasonable

A P Simester

in Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198853145
eISBN:
9780191887468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198853145.003.0012
Subject:
Law, Criminal Law and Criminology

This chapter looks at the ways in which findings of unreasonableness inform judgements about the culpability of defendants. The chapter suggests that, even without using tracing strategies, it is ... More


The Social, Psychological, and Legal Construction of Risk

Linda C. Fentiman

in Blaming Mothers: American Law and the Risks to Children's Health

Published in print:
2017
Published Online:
September 2017
ISBN:
9780814724828
eISBN:
9780814770290
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724828.003.0002
Subject:
Law, Family Law

This chapter explores the psychosocial process of risk construction, explaining general processes of risk perception, risk communication, and risk management. These unconscious and powerful processes ... More


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