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reasonable person presentation.docx

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Social Science
SOSC 1375
Olena Kobzar

thNovember 12 2012 Cynthia I Antoony RETHINKING THE REASONABLE PERSON Cynthia AntonyI The problem with the reasonable personThe reasonable personhas been a central figure in the landscape of the law The reasonable person has for instance embodied the fault component of the law of negligence and played an important role in criminal law particularly in the defencesHe has also come to personify the appropriate level of care in various aspects of contract law administrative and elsewhere In this respect the reasonable person is universal and omnipresent However this idea faced much criticism currently revolving around the difficulties inherent in fashioning a legal standard by reference to some idealized person As complications arise when the actual person no longer so closely resembles his legal counterpartAt first the reasonable person was considered the reasonable man however as feminists pushed to be heard in laws there became an understanding of the reasonable woman the term itself later evolved to the general understanding of the reasonable personThe idealized legal standard of a person troubled many people as the difficulty posed when those characteristics do not represent the person actually judgedThe notion was generally formed around what men doTherefore in a legal world dominated by the reasonable man how is the behaviour of women to be judged Similarly how ought one to judge the behaviour of other individuals including many men who do not possess the default characteristics of the reasonable man There were many difficulties in figuring out how the standard of the reasonable man applies to a woman But conventional legal debates have also addressed other variations on this problem although Along with gender age mental qualities physical ailments intelligence race class status occupation religion linguistic capacities the emotional makeup etc of an individual created a grey area within the understanding of the reasonable person as all these characterises separate each individual making it hard to generalize and create a reasonable person that encounter each and every personThus becomes a separation of the legal and actual person Although the law has tried to conform the two taking into consideration each persons individual uniqueness incorporating it into the understanding of the legal person However it is extremely difficult to incorporate the strengths and weaknesses of every person exactly In trying to understand the reasonable person by incorporating various factors that contribute to the individual creating a general standard threatens line between it and and subjectifying the individualII The scope of this analysisThe central focus of the reasonable person and the standards he or she is generalized to possess is to be processed in most cases negligenceThe reasonable person is critical to negligence liability for he determines fault and thus sets an important threshold for liabilityOddly enough though the reasonable person is actually
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