語系:
繁體中文
English
說明(常見問題)
回圖書館首頁
手機版館藏查詢
登入
回首頁
切換:
標籤
|
MARC模式
|
ISBD
Rethinking the reasonable person: Cu...
~
University of Toronto (Canada).
FindBook
Google Book
Amazon
博客來
Rethinking the reasonable person: Custom, equality and the objective standard.
紀錄類型:
書目-語言資料,印刷品 : Monograph/item
正題名/作者:
Rethinking the reasonable person: Custom, equality and the objective standard./
作者:
Moran, Mayo.
面頁冊數:
315 p.
附註:
Adviser: Ernest Weinrib.
Contained By:
Dissertation Abstracts International60-08A.
標題:
Law. -
電子資源:
http://pqdd.sinica.edu.tw/twdaoeng/servlet/advanced?query=NQ41086
ISBN:
9780612410862
Rethinking the reasonable person: Custom, equality and the objective standard.
Moran, Mayo.
Rethinking the reasonable person: Custom, equality and the objective standard.
- 315 p.
Adviser: Ernest Weinrib.
Thesis (S.J.D.)--University of Toronto (Canada), 1999.
Although the reasonable person has been the central figure in the law of negligence at least since Vaughan v. Menlove, he continues to provoke as many questions as he answers---questions that have become increasingly pressing given recent challenges to the reasonable person as inherently male, privileged and otherwise oppressive as a behavioural standard. This work addresses the defensibility of the standard in light of such challenges. The thesis begins by analysing the operation and justification of the standard in the treatment of the mentally disabled and of children, an analysis which reveals that the standard of reasonableness is deeply indebted to conceptions of what is normal or ordinary. The thesis goes on to examine the role of conceptions of the 'normal', not only for the mentally disabled but also for women and those disadvantaged on other grounds including race and class. It turns out that because of the discriminatory implications of reliance on the 'normal', the treatment of various groups under the objective standard raises profound concerns about equality and ultimately about the rule of law. The thesis then asks whether, given these difficulties, the objective standard is worth saving. Although plagued by its own contradictions, the feminist debate is invaluable here: it explicates the strengths and weaknesses of the standard and highlights constitutive tensions between equality, custom and the rule of law. And feminist analyses lead us to conclude that under certain conditions the objective standard is actually invaluable for equality-seekers. This debate also affords the most concrete illustration of how one might go about reformulating the standard to ensure that it lives up to its promise of equality. The thesis concludes that a reformulated objective standard---more attentive to normative failings, widely shared or not---is not only defensible but in fact crucial to any meaningful conception of equality.
ISBN: 9780612410862Subjects--Topical Terms:
600858
Law.
Rethinking the reasonable person: Custom, equality and the objective standard.
LDR
:02871nam 2200289 a 45
001
858064
005
20100712
008
100712s1999 ||||||||||||||||| ||eng d
020
$a
9780612410862
035
$a
(UMI)AAINQ41086
035
$a
AAINQ41086
040
$a
UMI
$c
UMI
100
1
$a
Moran, Mayo.
$3
1025091
245
1 0
$a
Rethinking the reasonable person: Custom, equality and the objective standard.
300
$a
315 p.
500
$a
Adviser: Ernest Weinrib.
500
$a
Source: Dissertation Abstracts International, Volume: 60-08, Section: A, page: 3110.
502
$a
Thesis (S.J.D.)--University of Toronto (Canada), 1999.
520
$a
Although the reasonable person has been the central figure in the law of negligence at least since Vaughan v. Menlove, he continues to provoke as many questions as he answers---questions that have become increasingly pressing given recent challenges to the reasonable person as inherently male, privileged and otherwise oppressive as a behavioural standard. This work addresses the defensibility of the standard in light of such challenges. The thesis begins by analysing the operation and justification of the standard in the treatment of the mentally disabled and of children, an analysis which reveals that the standard of reasonableness is deeply indebted to conceptions of what is normal or ordinary. The thesis goes on to examine the role of conceptions of the 'normal', not only for the mentally disabled but also for women and those disadvantaged on other grounds including race and class. It turns out that because of the discriminatory implications of reliance on the 'normal', the treatment of various groups under the objective standard raises profound concerns about equality and ultimately about the rule of law. The thesis then asks whether, given these difficulties, the objective standard is worth saving. Although plagued by its own contradictions, the feminist debate is invaluable here: it explicates the strengths and weaknesses of the standard and highlights constitutive tensions between equality, custom and the rule of law. And feminist analyses lead us to conclude that under certain conditions the objective standard is actually invaluable for equality-seekers. This debate also affords the most concrete illustration of how one might go about reformulating the standard to ensure that it lives up to its promise of equality. The thesis concludes that a reformulated objective standard---more attentive to normative failings, widely shared or not---is not only defensible but in fact crucial to any meaningful conception of equality.
590
$a
School code: 0779.
650
4
$a
Law.
$3
600858
650
4
$a
Sociology, Ethnic and Racial Studies.
$3
1017474
650
4
$a
Women's Studies.
$3
1017481
690
$a
0398
690
$a
0453
690
$a
0631
710
2
$a
University of Toronto (Canada).
$3
1017674
773
0
$t
Dissertation Abstracts International
$g
60-08A.
790
$a
0779
790
1 0
$a
Weinrib, Ernest,
$e
advisor
791
$a
S.J.D.
792
$a
1999
856
4 0
$u
http://pqdd.sinica.edu.tw/twdaoeng/servlet/advanced?query=NQ41086
筆 0 讀者評論
館藏地:
全部
電子資源
出版年:
卷號:
館藏
1 筆 • 頁數 1 •
1
條碼號
典藏地名稱
館藏流通類別
資料類型
索書號
使用類型
借閱狀態
預約狀態
備註欄
附件
W9072940
電子資源
11.線上閱覽_V
電子書
EB W9072940
一般使用(Normal)
在架
0
1 筆 • 頁數 1 •
1
多媒體
評論
新增評論
分享你的心得
Export
取書館
處理中
...
變更密碼
登入