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Rethinking the Reasonable PersonAn Egalitarian Reconstruction of the Objective Standard$
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Mayo Moran

Print publication date: 2003

Print ISBN-13: 9780199247820

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199247820.001.0001

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Are Objective Standards Worth Saving? Exploring the Feminist Debate

Are Objective Standards Worth Saving? Exploring the Feminist Debate

(p.198) 6 Are Objective Standards Worth Saving? Exploring the Feminist Debate
Rethinking the Reasonable Person

Mayo Moran

Oxford University Press

While the feminist and egalitarian debates concerning objective standards may sometimes seem incoherent or contradictory, exploring them provides a helpful point of departure for thinking through the equality effects of the reasonable person. There is no doubt that feminists are awkwardly positioned on the question of the reasonable person. Feminism has traditionally expressed wariness, both about the reasonable man and more broadly about fashioning any defensible form of the objective standard. Indeed, feminists have been among the most prominent critics of the very idea of objectivity. The feminist literature is an obvious point of departure for considering the broader question of whether objective reasonableness standards are worth saving. After all, feminists have been among the most powerful critics of the reasonable man. This chapter examines feminist critiques of self-defence and provocation, equality and provocation, and sexual assault and the reasonable person.

Keywords:   objectivity, feminism, equality, objective standard, reasonable man, self-defence, provocation, sexual assault

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