David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Critical Review of International Social and Political Philosophy 11 (2):153-175 (2008)
Standards of reasonableness are pervasive in law. Whether a belief or conduct is reasonable is determined by reference to what a ?reasonable man? similarly situated would have believed or done in similar circumstances. Feminists rightly objected that the ?reasonable man? standard was gender?biased and worked to the detriment of women. Merely replacing the ?reasonable man? with the ?reasonable person? would not be sufficient, furthermore, to right this historic wrong. Rather, in a wide range of cases, feminist theorists and legal practitioners urged instead a standard of reasonableness that reflects the perceptions of women, a perspective informed by women?s vulnerability and oppression. In this essay I examine the role of the ?reasonable woman? standard in two areas of law ? workplace sexual harassment and self?defense ? and argue that it is both legally and politically problematic
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Victor Tadros (2007). Criminal Responsibility. OUP Oxford.
Elizabeth Spelman (1988). Inessential Woman: Problems of Exclusion in Feminist Thought. Beacon Press.
H. L. A. Hart (1970). Punishment and Responsibility. Philosophy 45 (172):162-162.
Michael Otsuka (1994). Killing the Innocent in Self-Defense. Philosophy and Public Affairs 23 (1):74–94.
Nicola Lacey (1994). State Punishment. Routledge.
Citations of this work BETA
No citations found.
Similar books and articles
Douglas V. Henry (2008). Reasonable Doubts About Reasonable Nonbelief. Faith and Philosophy 25 (3):276-289.
James Boettcher (2004). What is Reasonableness? Philosophy and Social Criticism 30 (5-6):597-621.
James Franklin (2005). Case Comment: Quantification of the ‘Proof Beyond Reasonable Doubt’ Standard. Law, Probability and Risk 6:159-165.
Lois Pineau (1989). Date Rape: A Feminist Analysis. [REVIEW] Law and Philosophy 8 (2):217 - 243.
P. S. (2003). Fitting the People They Are Meant to Serve: Reasonable Persons in the American Legal System. Law and Philosophy 22 (1):75-110.
Avihay Dorfman (2012). Reasonable Care: Equality as Objectivity. [REVIEW] Law and Philosophy 31 (4):369-407.
Donald C. Hubin & Karen Haely (1999). Rape and the Reasonable Man. Law and Philosophy 18 (2):113 - 139.
C. D. & K. Haely (1999). Rape and the Reasonable Man. Law and Philosophy 18 (2):113-139.
Added to index2010-08-10
Total downloads6 ( #322,008 of 1,725,141 )
Recent downloads (6 months)1 ( #349,164 of 1,725,141 )
How can I increase my downloads?