scholarly journals Rethinking the Reasonable Belief Defense to Rape

1991 ◽  
Vol 100 (8) ◽  
pp. 2687 ◽  
Author(s):  
Dana Berliner
Keyword(s):  
2012 ◽  
Vol 36 (12) ◽  
pp. 459-462
Author(s):  
Olufunso B. Aribisala

SummaryThe Mental Capacity Act 2005 is a critical statute law for psychiatrists in England and Wales. Its best interests provision is fundamental to substitute decision-making for incapacitated adults. It prescribes a process of and gives structure to substitute decision-making. The participation of the incapacitated adult must be encouraged where practicable. In addition to this, ‘the best interests checklist’ must be applied in every case before a practitioner can arrive at a reasonable belief that the action or decision taken on behalf of an incapacitated adult is in his best interests. Most commentators have shown goodwill towards the workings of the Act and want it to succeed.


2019 ◽  
Vol 36 (2) ◽  
pp. 244-264
Author(s):  
Jonathan Curtis Rutledge ◽  

Skeptical theists have paid insufficient attention to non-evidential components of epistemic rationality. I address this lacuna by constructing an alternative perspectivalist understanding of epistemic rationality and defeat that, when applied to skeptical theism, yields a more demanding standard for reasonably affirming the crucial premise of the evidential argument from suffering. The resulting perspectival skeptical theism entails that someone can be justified in believing that gratuitous suffering exists only if they are not subject to closure-of-inquiry defeat; that is, a type of defeat that prevents reasonable belief that p even if p is very probable on an agent’s evidence.


Episteme ◽  
2013 ◽  
Vol 11 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Allan Hazlett

AbstractMost people not only think that it is possible for reasonable people to disagree, but that it is possible for people to recognize that they are parties to a reasonable disagreement. The aim of this paper is to explain how such mutually recognized reasonable disagreements are possible. I appeal to an “entitlement claim” which implies a form of relativism about reasonable belief, based on the idea that whether a belief is reasonable for a person can depend on the fact that she has inherited a particular worldview from her community.


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