scholarly journals BECAUSE OF SEX and A LAW OF HER OWN

2017 ◽  
Vol 29 (1) ◽  
pp. 149-156
Author(s):  
Jocelynne Annette Scutt
Keyword(s):  
Historical Perspective ◽  
Women's Work ◽  
Reasonable Person ◽  
Contemporary World ◽  
Women’S Work ◽  
Reasonable Person Standard ◽  
The Law ◽  
Reasonable Woman Standard

Though published more than ten years apart, it is timely to review these volumes together. Both books adopt an historical perspective on women under men’s laws, with a strong message for the contemporary world. Because of Sex traces developments constituting, and bringing about, advances in how the law addresses women’s work and roles, and consequent change in society. A Law of Her Own proposes how the law should adopt a revised approach, substituting the ‘reasonable woman’ standard for the existing - generally ubiquitous – ‘reasonable man’ or ‘reasonable person’ standard – which Because of Sex indicates has at least to some degree, in some instances, occurred.

Torts and Other Wrongs

2019 ◽  
Author(s):  
John Gardner
Keyword(s):  
Public Policy ◽  
Distributive Justice ◽  
Strict Liability ◽  
Private Law ◽  
Moral Significance ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
The Law

Torts and Other Wrongs is a collection of eleven of the author’s essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in private law adjudication. Though focused on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

Sexual Harassment: The “Reasonable Person” vs “Reasonable Woman” Standards have not been Resolved

1996 ◽  
Vol 78 (1) ◽  
pp. 329-330 ◽  
Author(s):  
William Douglas Woody ◽  
Wayne Viney ◽  
Paul A. Bell ◽  
Nora L. Bensko
Keyword(s):  
Sexual Harassment ◽  
The Other ◽  
Hostile Environment ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
Reasonable Woman Standard

Previous research suggests that women are more likely than men to perceive a hostile environment of sexual harassment in job-related scenarios. Such findings raise questions about whether a “reasonable woman” standard might be preferable to a “reasonable person” standard for adjudication of some sexual harassment cases. There are sound arguments for both positions, and there is no basis at the present time for unequivocal and categorical support for one position over the other.

Women's Work and the Family Economy in Historical Perspective.

1991 ◽  
Vol 44 (4) ◽  
pp. 754
Author(s):  
Jane Lewis ◽  
Pat Hudson ◽  
W. R. Lee
Keyword(s):  
Historical Perspective ◽  
Women's Work ◽  
Women’S Work ◽  
Family Economy ◽  
The Family

6. Breach of duty: the standard of care

2017 ◽  
Author(s):  
Carol Brennan
Keyword(s):  
Medical Profession ◽  
Standard Of Care ◽  
Duty Of Care ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
Breach Of Duty ◽  
The Law ◽  
General Standard ◽  
Res Ipsa Loquitur

This chapter discusses the law on standard of care and breach of duty. To establish that the duty of care has been breached, the standard of care must first be found and then it must be decided if that standard was reached in the circumstances. The general standard of care is objective: the ‘reasonable person’ standard. Variations in the standard of care regarding children and the more skilled or professional are discussed, as are those pertaining to sport and the medical profession. Proof of breach must be established by the claimant on the balance of probabilities; occasionally with the benefit of the evidential tool of res ipsa loquitur.

Women's Work and the Family Economy in Historical Perspective

1993 ◽  
pp. 93
Author(s):  
Leonore Davidoff ◽  
Pat Hudson ◽  
W. R. Lee
Keyword(s):  
Historical Perspective ◽  
Women's Work ◽  
Women’S Work ◽  
Family Economy ◽  
The Family
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