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Topic: Reasonable man


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In the News (Sun 12 Oct 08)

  
  The Philosophy of the Reasonable Man
The Laws of England place great weight on the Reasonable Man. They will not, and sometimes will say it is because they cannot, specify exactly what ought to be done in all circumstances, and will phrase their demands instead in terms of what a reasonable man would in the circumstances do.
In calling them reasonable, we mean not that they are particular instances of some standard type of inference, but that we believe that a reasonable man after examining this particular inference will recognise its force.
Though reasonable men have often rejected popular views as unreasonable, there is enough contact and overlap of judgements to justify the claim that the refined assessments of the wise may be more sophisticated than those of simple men, but are basically the same in nature and intention.
users.ox.ac.uk /~jrlucas/reasble.html   (3571 words)

  
  Reasonable person - Wikipedia, the free encyclopedia
The reasonable man or reasonable person standard is a legal fiction that originated in the development of the common law.
The "reasonable person" is a hypothetical, rational, reasonably intelligent individual who is intended to represent a sort of "average" citizen.
Herbert considered the concept of the Reasonable Man at length in the celebrated fictional case of Fardell v Potts.
en.wikipedia.org /wiki/Reasonable_man   (519 words)

  
 The man on the Clapham omnibus - Wikipedia, the free encyclopedia
The man on the Clapham omnibus is a descriptive formulation of a reasonably educated and intelligent but non-specialist person — a reasonable man; a hypothetical person against whom a defendant's conduct might be judged in an English law civil action for negligence.
However, it is derived from the phrase 'the bald-headed man at the back of the Clapham Omnibus', coined by the 19th century journalist Walter Bagehot to describe the normal man of London, so used because Clapham in south London at the time was a non-descript commuter suburb and was seen to represent 'ordinary' London.
Omnibus is (now) an archæic expression for a public bus, but would have been common parlance amongst the judiciary at the beginning of the 20th century.
en.wikipedia.org /wiki/The_man_on_the_Clapham_omnibus   (270 words)

  
 Reasonable person - Questionz.net , answers to all your questions   (Site not responding. Last check: 2007-11-02)
The reasonable man or reasonable person standard is a legal fiction used mostly in the common law in which a hypothetical individual whose view of things is consulted in decisions of law.
The basic rationale behind the reasonable person doctrine is that because the law exists to serve the public at large it must deal with a member of the public that is rational, i.e., reasonable.
The reasonable man is not the average man: this is not a democratic measure.
www.questionz.net /Law/Reasonable_man.html   (631 words)

  
 Legal Theory Lexicon: 10/01/2003 - 10/31/2003   (Site not responding. Last check: 2007-11-02)
"Reasonable" and "rational" are used in many different contexts and have a variety of meanings, but when I think about the "reasonable," the first thing that comes to mind is the distinction between the reasonable and the rational that was articulated by W.M. Sibley in a 1953 article but was made famous by John Rawls.
This approach to the reasonable person is roughly correlated with the deontological approach to moral philosophy, most famously associated with Immanuel Kant and his notion of a categorical imperative.
The reasonable person, we might say, acts so that the maxim of her action (the principle upon which she acts) could be willed as a universal law--or to be put it differently, the reasonable person treats others as ends-in-themselves and not only as means.
legaltheorylexicon.blogspot.com /2003_10_01_legaltheorylexicon_archive.html   (6378 words)

  
 Duty of Care 1
In both cases the “reasonable man” test will be applied and the jury will have to determine whether a reasonable person acting under the same circumstances would have packed the goods onto the truck the way the trucker had.
People with disabilities are held to the reasonable man standard as well, although their particular disabilities are factored in as one of the circumstances.
The reasons for this are: (a) because mental deficiencies are too easy to fake and (b) it is very difficult to determine what mental deficiencies should lessen the standard of care and what mental deficiencies should not lessen the standard of care.
paralegaltech.com /placement/employers/torts/courseware_samples/SampleChapter.asp   (2185 words)

  
 The Myth of the Reasonable Man
The Reasonable Man is reproduced and cited in many modern British and United States legal books as it illustrates a key axiom of the common law — that many jury decisions are centered around the concept of the 'reasonable man'.
The respondent brought an action for damages, in which it was alleged that the collision and subsequent immersion were caused by the negligent navigation of the appellant.
In the Court below the learned judge decided that there was evidence on which the jury might find that the defendant had not taken reasonable care, and, being of that opinion, very properly left to the Jury the question whether in fact she had failed to use reasonable care or not.
www.geocities.com /bororissa/rea.html   (1399 words)

  
 JMLS - Timothy P. O'Neill   (Site not responding. Last check: 2007-11-02)
There may exist a feeling that an undefined "reasonable doubt" is the "wild card," the "ace in the hole" in the defense case; there may be a feeling that the defense has an advantage by leaving the definition of "reasonable doubt" to the imagination of the jury.
Reasonable doubt is not mere possible doubt, because everything relating to human affairs or depending on moral evidence is open to some possible or imaginary doubt.
In May, the court, citing Miller, stated that "[a] reasonable doubt is one arising from a candid and impartial investigation of all the evidence, and such as, in the graver transactions of life, would cause a reasonable and prudent man to hesitate and pause." May, 60 Ill. at 120.
www.jmls.edu /facultypubs/oneill/oneill_article_instruct.shtml   (15105 words)

  
 A Reasonable Man (1999)   (Site not responding. Last check: 2007-11-02)
The judges argument is that a man cannot be merely excused of his actions because he holds certain beliefs which result in the death of an innocent child, whether the child is believed to be a Tokoloshe or not.
A man may believe as he wishes, and act according to his beliefs, but he shall be held accountable for these actions by the legal requirements of a modern Judeo-Christian society.
A Reasonable man is well made, with superb performances by a largely local cast of actors, including some of South Africa's finest - Michael Richards, Graham Hopkins, and Ken Gambu, to mention a few.
www.imdb.com /title/tt0178860   (1029 words)

  
 Hawaii Personal Injury Lawyer Hawaii personal injury attorney Hawaii - Wm Lawson- Personal Injury Lawyer - Attorney
Personal injury claims require that the claimant show that they suffered damages and that another party is responsible for those damages, due to their lack of reasonable care, recklessness, intentional conduct or otherwise.
Hawaii's leading case on this "reasonable man" standard- and hence on the meaning of negligence- is the case of Knodle v.
But what is reasonable and unreasonable and whether the defendant's conduct was reasonable in the circumstances are for the jury to decide.
www.injurylawyerhawaii.com /personal-injury.html   (1203 words)

  
 The Rise Of The Unreasonable Man
Faith in the “reasonable man” is at an all time low.  In response to this the hope for justice and prosperity and meaning has been transferred to a group of “unreasonable men” (and women).
These enemies of reason  are now often seen as greater hopes for the poor than lawful and reasonable discussion by elected representatives and scholars.
Reason’s impartiality is utterly necessary for the pursuit of justice.
aibi.gospelcom.net /tmk/unreasonable_man.htm   (1935 words)

  
 - "Murder and the Reasonable Man"
Reasonableness is rarely defined or explained, so juries often equate it with “ordinary” or “typical.” Unfortunately, a defendant who is a person of color in the US or who comes from a different country does not fit mainstream America’s vision of the ordinary or typical person.
She questions the idea of reasonableness, asking whether it should be subjective or objective; the same or different for men and women; incorporate race, ethnicity, and sexual orientation; or include physical, mental, and cultural characteristics.
And even when “the reasonable man” happens to be a woman, a person of color, or gay, that standard should never change.
www.bernestinesingley.com /work6.htm   (1784 words)

  
 SSRN-Book Review: Equality, Objectivity, and Neutrality - Murder and the Reasonable Man: Passion and Fear in the ...
In her recently published book, Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom, Cynthia Lee weaves together an array of case narratives to argue that the concept of reasonableness in self-defense and provocation cases allows majority culture defendants to benefit from jurors' deeply ingrained biases.
First, she argues that jurors should be required to apply a normative concept of reasonableness in addition to an empirical one, focusing not only on what most individuals might have believed or done in the defendant's situation, but also on what an individual ought to have believed or done.
By tackling their intuitive responses to switching exercises, jurors conjuring a neutral reasonable person in the defendant's shoes might best be able to isolate the relevant, objective circumstances that should properly contextualize the defendant's situation, a task that has troubled courts and scholars since the emergence of the battered woman self-defense cases.
papers.ssrn.com /sol3/papers.cfm?abstract_id=589362   (749 words)

  
 Untitled Document   (Site not responding. Last check: 2007-11-02)
The “reasonable man”, according to Susan Estrich, “is the civic standard of responsibility, what we demand and expect of one another.” (164) This rule of thumb law sets the standard for all criminal action.
The “reasonable man” principle is commonly used to distinguish what is murder, manslaughter, or neither.
In the eyes of the “reasonable man”, the husband in the second situation underwent torment and rage of what his wife did.
web.ics.purdue.edu /~rcuriel/102c/ss_essay.html   (1063 words)

  
 Contract Law, Part 2: Privity, Consent and the " Reasonable Man "
As far as contractual obligations are concerned, there is an identity of interest between employer and employee." The court then set two conditions allowing "employees (to) be entitled to benefit from a limitation of liability clause found in a contract between their employer and the plaintiff:...
When "a claim is made that a bargain is unconscionable, it must be shown for success that there was inequality in the position of the parties due to ignorance, need or distress of the weaker, which would leave him in the power of the stronger, coupled with proof of substantial unfairness in the bargain.
When this has been shown, a presumption of fraud is raised, and the stronger must show, in order to preserve his bargain, that it was fair and reasonable." The court then proceeded to rescind the contract because the "appellant was so dominated and overborne by the respondent that he was...
www.duhaime.org /contract/ca-con2.aspx   (3571 words)

  
 Sexual harassment and the Reasonable Man Standard
The "Reasonable Woman" standard is a recent innovation of the 9th Circuit Court of Appeals.
In the "man's world," sexual opportunities seem scarce primarily because, from puberty to menopause, few women ask for that all important first date or make the first moves, but leave this work to men, creating a condition Roy Schenk appropriately likens to a sexual desert.
But this is not the case, because whether it's a skinny friend teasing you with food, or an attractive woman tantilizing a man with cosmetics, clothing and perfume, the dynamic is the same because it's not the objects, but the people behind the objects, that are important.
www.vanmechelen.net /microsoft/rman.html   (2775 words)

  
 Nigel Hawthorne : Films : A Reasonable Man - article
The Gods Must Be Crazy starred a Khoi San man without a line of dialogue whose mission was to return a Coke bottle that had fallen from a passing aircraft.
In A Reasonable Man the murder of the baby in the remote Tugela Valley and the subsequent trial pit the power of traditional beliefs against the laws of the new Constitution.
Editing of A Reasonable Man will be completed by March and the movie will be entered for the Cannes Film Festival in May: that's how confident Pandora is that South Africa will be big news in the movie industry next year.
www.yessirnigel.com /reasonable2.html   (1287 words)

  
 Murder and the Reasonable Man
The irony of reasonableness in law is that juries are debating whether a reasonable person would allow all reason to vanish in a certain situation, thus enabling them to kill.
She is just as annoyed by that as a straight man getting hit on by a gay man, but few people think her rage excuses killing.
If you are concerned that the straight man could reasonably assume she was straight, then consider the case of a lesbian woman hitting on a straight woman.
kimallen.sheepdogdesign.net /Reviews/murder.html   (1446 words)

  
 Nigel Hawthorne : Films : A Reasonable Man - Review
The fl man is either shown as a dangerous threat to the peaceful existence of the white man, or becomes indebted to the white man who is seen as a mentor/saviour of some kind.
Even Hollywood is responsible for displaying the fl man largely as a source of amiable conflict for the white lead in countless "buddy" movies.
"A Reasonable Man" is a testament to sound, moving filmmaking that tells both a gentle and a violent tale, dealing competently with ambitious themes like difference, ignorance, guilt, fear and harmony.
www.yessirnigel.com /reasonable7.html   (545 words)

  
 A Reasonable Man   (Site not responding. Last check: 2007-11-02)
He was a balding, harmless, middle-aged man. And yet when he complimented her, she felt a hot rush in her blood and a giddiness in her head.
Except she was naked and when she went to the seated man in the leather jacket he wouldn't give up his seat but let her sit on his lap where he played with her breasts and pussy.
Then he passed her along the rows of seated commuters who used her too until she ended up on the lap of a man (she knew him: she had seen him: they had been at school together) who opened his fly and brought her mouth to his erection.
www.mcstories.com /ReasonableMan/ReasonableMan.html   (3874 words)

  
 Language Log: Is a cow a negotiable instrument? Can a woman be a "reasonable man"?
For example, Case #1 investigates whether the common law allows for the existence of 'the reasonable woman' and Case #8 considers whether it is libellous to call someone 'highbrow'.
My particular favourite is Case #58, in which a bright young lawyer argues that, as people receiving a salary from the state, no judge is eligible to hear income tax cases, as all are liable to a conflict of interest.
The Reasonable Man is reproduced and cited in many modern British and United States legal books as it illustrates a key axiom of the common law — that many jury decisions are centered around the concept of the 'reasonable man'.
itre.cis.upenn.edu /~myl/languagelog/archives/003048.html   (1351 words)

  
 The Great Change: Turning Cathy into a Lawyer: The Reasonable Man, Scalia is not
There's a concept in the law about the "reasonable man." It's used as a benchmark to compare the behavior in question at trial with the behavior a reasonable person would be reasonably expected to exhibit.
I don't think the State has any right to know who I am, where I am, or what I'm doing without a very good reason, a reason that would qualify as probable cause to believe I was guilty of a crime.
There are plenty of reasons why a reasonable person would not want to answer a question on their identity.
www.cathygellis.com /mt/archives/000115.html   (950 words)

  
 News - Willamette University College of Law   (Site not responding. Last check: 2007-11-02)
Forell told a packed audience of students, faculty and staff that, for hundreds of years, the law used the “reasonable man” as the standard.
It wasn’t until the 1970s that feminists forced the change in the standard to “reasonable person.” However, Forell and her co-author, Donna M. Matthews, contend that the reasonable person standard is sexist and tantamount to the old reasonable man standard.
Applying a reasonable woman standard and giving juries the instruction to see the case from that point of view, she says, would help eliminate much of the injustice found in the courts today.
www.willamette.edu /wucl/news/2003_04/24.htm   (475 words)

  
 Dust in the Light: The Reasonable Man Jumps   (Site not responding. Last check: 2007-11-02)
The problem, as Ben Franklin quipped around the time of our nation's founding, is that "a reasonable Creature [can] find or make a Reason for every thing one has a mind to do." With a "reasonable man" at its head, what Goldberg calls the "collective intelligence" can concoct whatever rules it wills.
reasoning to a premise from a conclusion," it is an efficient philosophy for achieving irrational desire.
The reason I wrote "murder as a means to settle disputes" instead of just "killing" is because I don't know of any place in the world where it is legal to kill your neighbor because he sold you a bushel of rotten apples.
dustinthelight.timshelarts.com /lint/001813.html   (7015 words)

  
 Stargate SG-1 | Gen Fanfiction | A Reasonable Man
Startled by Jack’s appearance, the man lost his hold on Daniel but re-caught him quickly by the belt, bringing him close as a shield, then drew a weapon and fired towards the voice.
The strange man stood and left Daniel on his knees, finding his place...vulnerability crept in on him; the world watched but he could not look back.
Escorting him by the elbow, the man walked Daniel from the gateroom through narrow stairways while the wind hushed to a distant serenade.
www.stargatefan.com /fictionabc/areasonableman.html   (9952 words)

  
 A Reasonable Man
Today is the undisputed birthday of a man who contributed greatly to the progress of civilization.
And a "brotherhood of man" "sharing all the world" in abject poverty doesn't sound very appealing to me. As I said before, while sharing some things voluntarily is fine, we need to have some things that we don't have to share in order to realize our human creativity.
If the government would stay out of the education delivery business and let people choose the education that best meets their demands, this wouldn't have to be a political issue at all.
www.areasonableman.com /2004_12_01_reasonableman_archive.html   (2201 words)

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