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Keywords: objective standard
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Chapter
Published: 01 December 2008
... coping mechanisms. A guide to troubleshooting common cognitive errors including Socratic questioning, use of an objective standard, role-play behavioral experiment, and home-practice behavioral experiment, is also provided. bipolar disorder cognitive restructuring alternative interpretations Socratic...
Chapter
Published: 09 May 2019
... Stephen breach of fiduciary duty Getzler Joshua Laby Arthur B liability objective standard duty of care Sitkoff Robert H standards of conduct Velasco Julian business judgment rule DeMott Deborah A Goldberg John C P Tuch Andrew F Zipursky Benjamin agency law Clarry Daniel default rules...
Chapter
Published: 09 October 2003
... of the objective standard more generally may raise serious equality concerns. The role accorded to custom in determinations of negligence is perhaps the most straightforward example of the relationship of normal or ordinary behaviour to determinations of reasonableness. The concept of ordinary prudence...
Chapter
Published: 09 October 2003
...Looking to the defences of negligence as a ground of criminal liability serves to highlight some reasons why feminists and other egalitarians might continue to hold out hope for an objective standard in the reasonable person debate. The idea that fault in negligence might best be understood...
Chapter
Published: 26 March 2015
... depends. classification common account dispositive powers falsification fiduciary duty juridical nature objective standard personal liability sui generis duty surcharging 4.01 Lord Walker’s analysis in Pitt v Holt in the Supreme Court accords in all essential respects...
Book
Published online: 24 January 2013
Published in print: 06 December 2012
..., and Cynthia A. Stark. The topics discussed include: Kantian intuitionism, welfarism, the objective standard of good, intention, permissibility and double effect, moral dumbfounding and moral stupidity, coercion and integrity, practical reason and morality, atomism, subjective normativity and action guidance...
Chapter
Published: 09 October 2003
...The problem of how to judge individuals with cognitive or intellectual shortcomings illustrates one aspect of the ‘trouble’ with the reasonable person and thus raises a series of questions implicated in objective standards more generally. In stark contrast to the treatment of mentally disabled...
Chapter
Published: 09 October 2003
...It is significant that both the developmentally disabled and women have suffered sufficiently discriminatory histories that they are now often the focus of equality concern both in the law and in the theoretical writing. Reading the problems with the objective standard in the light...
Chapter
Published: 09 October 2003
...The feminist debate on objective standard for the reasonable person may seem perplexing. On one hand, the use of objective reasonableness standards in cases like self-defence and provocation gives rise to serious equality concerns. In contexts like provocation and self-defence, some feminists have...
Chapter
Published: 09 October 2003
...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...
Book
Published online: 01 January 2010
Published in print: 09 October 2003
... of the reasonable person. Ultimately, it argues that an objective standard is not only defensible but essential. Yet only with a radical reconstruction will it be possible to realise the promise of the standard and to ensure a truly egalitarian conception of responsibility....
Chapter
Published: 18 March 2020
... of two settled features of tort law—the objective standard of care and strict liability—insofar as they appear to violate the putative moral stricture “ought-implies-can.” The proposition that duties must be possible of fulfillment (and likewise, compliance with applicable normative reasons) has...
Chapter
Published: 24 August 2023
... of negligence is both capacity and cost-sensitive, meaning that the level of care one owes to others depends on one’s capacity to exercise that care, and the cost and difficulty to one of doing so. Some principled arguments in favour of the objective standard of care (which can be restated as arguments against...