The many faces of the reasonable person

Journal article

Reviews the various legal contexts in which the reasonable person test may be invoked. Argues that the test supplies extra-legal standards from which courts must attempt to construct legal standards, and discusses why this is deemed a useful adjudicative exercise. Suggests that the reasonable person can be thought of as a justified person, and considers the relevance of this insight for feminist critiques of the test.

Authors: Gardner, J

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Sweet and Maxwell
• Journal: Law Quarterly Review
• Volume: 131
• Issue: Oct
• Pages: 563-584
• Publication date: 2015-01-01
• Edition: Accepted Manuscript
• ISSN: 0023-933X
• Language: English
• Keywords: reasonable person; rule of law; justice according to law; questions of law and fact; provocation; negligence; judicial review; incorporation
• Subjects: Constitutional & administrative law; Criminal Law - Jurisprudence; Legal philosophy; Philosophy of law; Law; Contract,restitution,tort