The Demise Of The Reasonable Man
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The Demise Of The Reasonable Man
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Author : Michael Saltman
language : en
Publisher: Routledge
Release Date : 2017-09-08
The Demise Of The Reasonable Man written by Michael Saltman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Law categories.
Judges in most societies often resort to resolving disputes by means of applying a criterion of reasonableness. In The Demise of the'Reasonable Man' Michael Saltman explores the ways in which reasonableness varies from one legal culture to another, defined by the relative presence or absence of centralized political power. In non-politically centralized societies, Saltman says, judges seek meanings underlying human behavior, and try to place reasonableness within a societal and cultural context. This is possible because primitive societies are relatively homogenous in their values and tend towards consensus when determining what constitutes reasonable behavior. In contrast, modern judges resort to standards of reasonableness only when the legal standard is unclear. Saltman contrasts judges in politically centralized societies, who, in the absence of such consensus, have the authority to determine, on the basis of that authority, what constitutes reasonableness. This rich volume references case studies drawn from ethnographic fieldwork, historical sources, and law reports to demonstrate differences in judicial attitudes toward reasonableness.
Murder And The Reasonable Man
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Author : Cynthia Lee
language : en
Publisher: NYU Press
Release Date : 2007-10-01
Murder And The Reasonable Man written by Cynthia Lee and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-01 with Law categories.
A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.
The Death Of The Reasonable Man
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Author : Bruce R. Clarke
language : en
Publisher:
Release Date : 1990
The Death Of The Reasonable Man written by Bruce R. Clarke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Culture and law categories.
Rethinking The Reasonable Person
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Author : Mayo Moran
language : en
Publisher: Oxford University Press, USA
Release Date : 2003
Rethinking The Reasonable Person written by Mayo Moran and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
The 'reasonable person' is used to assess the acceptability of behaviour in many areas of the law. This notion has attracted a great deal of criticism as it presupposes uncontested notions of 'normal' behaviour. This book explores whether there are deeper foundations to these criticisms.
Essays On Kelsen
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Author : Richard Tur
language : en
Publisher: Oxford University Press, USA
Release Date : 1986
Essays On Kelsen written by Richard Tur and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Language Arts & Disciplines categories.
"A very important collection of esays on the legal philosophy of Hans Kelsen....The collection has a pleasant unity and includes a superb introduction by the editors that provides a framework for the essays and a perspective from which to evaluate Kelsen's contributions to legal theory." --Choice
The Reasonable Person
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Author : Valentin Jeutner
language : en
Publisher: Cambridge University Press
Release Date : 2024-05-31
The Reasonable Person written by Valentin Jeutner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-31 with Law categories.
Jeutner argues that the reasonable person is, at heart, an empathetic perspective-taking device, by tracing the standard of the reasonable person across time, legal fields and countries. Beginning with a review of imaginary legal figures in the legal systems of ancient Egypt, Greece, and Rome, the book explains why the common law's reasonable person emerged amidst the British industrialisation under the influence of Scottish Enlightenment thinking. Following the figure into colonial courts, onto battlefields and into self-driving cars, the book contends that the reasonable person invites judges, jury-members, and lawyers to take another person's perspective when assessing their own or another person's conduct. The perspective of another is taken by means of empathy, by feeling what others might feel in a particular situation. Thus construed, the figure of the reasonable person can help us make more accurate judgments in a diverse world.
Engendering Law
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Author : Amita Dhanda
language : en
Publisher:
Release Date : 2007
Engendering Law written by Amita Dhanda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Administrative law categories.
Lotika Sarkar, b. 1923, feminist legal scholar; contributed articles
The Reasonable Robot
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Author : Ryan Abbott
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-25
The Reasonable Robot written by Ryan Abbott and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-25 with Business & Economics categories.
Argues that treating people and artificial intelligence differently under the law results in unexpected and harmful outcomes for social welfare.
The Reasonable Man
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Author : Coral Lansbury
language : en
Publisher: Princeton University Press
Release Date : 2014-07-14
The Reasonable Man written by Coral Lansbury and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-14 with Literary Criticism categories.
In a new interpretation of the fiction of Anthony Trollope, Coral Lansbury argues that Trollope's work in the Post Office, starting in 1834, had more influence on his fiction than did any literary figure or tradition. Drawing on her original research in Post Office Records, she reveals the ways in which legal forms and legal reasoning shape both the language and the structure of Trollope's published work. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
A Law Of Her Own
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Author : Caroline Forell
language : en
Publisher: NYU Press
Release Date : 2001-05
A Law Of Her Own written by Caroline Forell and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05 with Law categories.
A proposal to radically change the legal concept of the "reasonable man standard" in order to better protect women from violence and other injustices.