Results for 'reasonable person'

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  1. Autonomous Action: Self-Determination in the Passive Mode Autonomous Action: Self-Determination in the Passive Mode (pp. 647-691). [REVIEW]Two-Level Eudaimonism, Second-Personal Reasons Two-Level Eudaimonism, Second-Personal Reasons, Anita L. Allen, Jack Balkin, Seyla Benhabib, Talbot Brewer, Peter Cane, Thomas Hurka & Robert N. Johnson - 2012 - Ethics 122 (4).
     
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  2.  18
    Sophocles' Antigone.A. C. Person - 1928 - Classical Quarterly 22 (3-4):179-.
    I have little to say on this passage, where it seems necessary to maintain the vulgate notwith standing its obvious defects. My only reason for discussing it is to call attention to the strangeness of Jebb's proceeding when seeking to support Hermann's conjecture παλλλοιν which he admits into the text. The objection to Hermann's view is that, as he himself admits, there is no evidence that πáλληλος could be used in the sense of λληλιφóνος. For that, I suppose, is the (...)
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    Reincarnation and Karma.Paul Reasoner - 2010 - In Charles Taliaferro, Paul Draper & Philip L. Quinn (eds.), A Companion to Philosophy of Religion. Oxford, UK: Wiley‐Blackwell. pp. 639–647.
    This chapter contains sections titled: Reincarnation/Rebirth Karma Causality Problem of Evil Determinism, Freedom, and Moral Responsibility Karma and Release Transfer of Merit Recent Developments Works cited.
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  4.  96
    Natural reasons: personality and polity.Susan L. Hurley - 1989 - New York: Oxford University Press.
    Hurley here revives a classical idea about rationality in a modern framework, by developing analogies between the structure of personality and the structure of society in the context of contemporary work in philosophy of mind, ethics, decision theory and social choice theory. The book examines the rationality of decisions and actions, and illustrates the continuity of philosophy of mind on the one hand, and ethics and jurisprudence on the other. A major thesis of the book is that arguments drawn from (...)
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  5.  11
    The Reasonable Person Standard for Research Disclosure: A Reasonable Addition to the Common Rule.Rebecca Dresser - 2019 - Journal of Law, Medicine and Ethics 47 (2):194-202.
    The revised Common Rule adopts the reasonable person standard to guide research disclosure. Some members of the research community contend that the standard is confusing and ill-suited to the research oversight system. Yet the revised rule is not as radical as it might seem. During the 1970s, judges started using the standard to evaluate negligence claims brought by injured patients who said doctors had failed to obtain informed consent to the harmful procedures. In its influential Belmont Report, the (...)
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  6.  14
    Reasonable Persons, Autonomous Persons, and Lady Hale: Determining a Standard for Risk Disclosure.John Banja - 2020 - Hastings Center Report 50 (2):25-34.
    Among various kinds of disclosures typically required in research as well as in clinical scenarios, risk information figures prominently. A key question is, what kinds of risk information would the reasonable person want to know? I will argue, however, that the reasonable person construct is and always has been incapable of settling this very question. After parsing the nebulous if not “contentless” character of the reasonable person, I will explain how Western courts have actually (...)
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  7.  9
    Natural Reasons: Personality and Polity.S. L. Hurley - 1989 - New York: Oxford University Press USA.
    This provocative study revives a classical idea about rationality by developing analogies between the structure of personality and the structure of society in the context of contemporary work in the philosophy of mind, ehtics, decision theory, and social choice theory.
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  8. Natural Reasons: Personality and Polity.S. L. Hurley - 1990 - Philosophy 65 (254):528-530.
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  9. Natural Reasons: Personality and Polity.S. L. Hurley - 1991 - Mind 100 (1):152-155.
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  10.  9
    Natural Reasons: Personality and Polity.Graham Nerlich - 1991 - Philosophical Quarterly 41 (162):86-93.
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  11. The "Reasonable Person" and the Psychopath.Jeffrey Bedrick - 2014 - Philosophy, Psychiatry, and Psychology 21 (1):13-15.
    I have great sympathy for what seem to be two main goals in Michelle Ciurria’s (2014) “Moral Responsibility and Mental Health: Applying the Standard of the Reasonable Person,” although I am not sure the reasonable person standard achieves either of the goals. These central goals seem to be to preserve an objective standard of moral responsibility and to do so in a way that “does not depersonalize the target individual” (Ciurria 2014, 7). In this commentary, I (...)
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  12. Individualizing the Reasonable Person in Criminal Law.Peter Westen - 2008 - Criminal Law and Philosophy 2 (2):137-162.
    Criminal law commonly requires judges and juries to decide whether defendants acted reasonably. Nevertheless, issues of reasonableness fall into two distinct categories: (1) where reasonableness concerns events and states, including risks of which an actor is conscious, that can be justly assessed without regard to the actor’s individual traits, and (2) where reasonableness concerns culpable mental states and emotions that cannot justly be assessed without reference to the actor’s capacities. This distinction is significant because, while the reasonable person (...)
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  13.  22
    The common rule's ‘reasonable person’ standard for informed consent.Jacob Greenblum & Ryan Hubbard - 2018 - Bioethics 33 (2):274-277.
    Laura Odwazny and Benjamin Berkman have raised several challenges regarding the new reasonable person standard in the revised Common Rule, which states that in‐ formed consent requires potential research subjects be provided with information a reasonable person would want to know to make an informed decision on whether to participate in a study. Our aim is to offer a response to the challenges Odwazny and Berkman raise, which include the need for a reasonable person (...)
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  14.  32
    The “Reasonable Person” Standard for Research Informed Consent.Laura M. Odwazny & Benjamin E. Berkman - 2017 - American Journal of Bioethics 17 (7):49-51.
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  15.  36
    Is the Reasonable Person a Person of Virtue?Michele Mangini - 2020 - Res Publica 26 (2):157-179.
    The ‘reasonable person standard’ is often called on in difficult legal cases as the last resource to be appealed to when other solutions run out. Its complexity derives from the controversial tasks that people place on it. Two dialectics require some clarification: the objective/subjective interpretation of the standard and the ideal/ordinary person controversy. I shall move through these dialectics from the standpoint of an EV approach, assuming that on this interpretation the RPS can perform most persuasively its (...)
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  16. Parsing the Reasonable Person: The Case of Self-Defense.Andrew Ingram - 2012 - American Journal of Criminal Law 39 (3):101-120.
    Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between (...)
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  17.  23
    Natural Reasons: Personality and Polity.Timothy O'hagen - 1991 - International Studies in Philosophy 23 (1):120-124.
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  18.  18
    Natural Reasons: Personality and Polity.Ross Harrison - 1991 - Philosophical Books 32 (4):229-231.
  19. Reasons and Persons.Derek Parfit - 1984 - Oxford, GB: Oxford University Press.
    Challenging, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity, Parfit claims that we have a false view about our own nature. It is often rational to act against our own best interersts, he argues, and most of us have moral views that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions (...)
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  20.  64
    Against Personifying the Reasonable Person.Matt King - 2017 - Criminal Law and Philosophy 11 (4):725-732.
    One way in which fact finders are supposed to determine the reasonableness of a defendant is via a counterfactual test that personifies the reasonable person. We are to imagine the reasonable person being in the defendant’s circumstances. Then we are to determine whether the reasonable person would have done as the defendant did. This paper argues that, despite its prevalence, the counterfactual test is a hopeless guide to determining defendant reasonability. In brief, the test (...)
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  21.  42
    The Standard of the Reasonable Person: An Objective, Intuitive Account That Treats People as Persons.Michelle Ciurria - 2014 - Philosophy, Psychiatry, and Psychology 21 (1):21-25.
    In my paper on moral responsibility and mental health disabilities, I defended the use of the standard of the reasonable person (SRP), adapted from W.O. Holmes’ famous account of responsibility in The Common Law (1881). This theory is meant to be applicable to all cases of moral responsibility assessment, but it is particularly apt for ascribing moral responsibility in cases of mental illness on a realist basis. This is because it has three distinctive advantages over the alternatives, that (...)
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  22.  17
    Would a Reasonable Person Now Accept the 1968 Harvard Brain Death Report? A Short History of Brain Death.Robert M. Veatch - 2018 - Hastings Center Report 48 (S4):6-9.
    When The Ad Hoc Committee of Harvard Medical School to Examine the Definition of Brain Death began meeting in 1967, I was a graduate student, with committee member Ralph Potter and committee chair Henry Beecher as my mentors. The question of when to stop life support on a severely compromised patient was not clearly differentiated from the question of when someone was dead. A serious clinical problem arose when physicians realized that a patient's condition was hopeless but life support perpetuated (...)
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  23.  22
    Natural Reasons: Personality and Polity By S. L. Hurley Oxford University Press, 1990, xii + 462 pp., £40.00. [REVIEW]Martin Hollis - 1990 - Philosophy 65 (254):528-.
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  24. Lomasky on Practical Reason: Personal Value and Metavalues.Shane Courtland - 2007 - Reason Papers 29:83-104.
     
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  25. The many faces of the reasonable person.John Gardner - unknown
    In this paper I attempt a general explanation of the role played by the reasonable person in law, especially but not only in the common law. I relate my explanation to some problems about the very nature of law, and some problems about the ideal of the rule of law.
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  26.  1
    Certainty, Truth and Tolerance: Constraints and implications of "Any 'reasonable' person behaves like this". 김화경 - 2012 - 동서철학연구(Dong Seo Cheol Hak Yeon Gu; Studies in Philosophy East-West) 66:369-390.
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  27.  68
    S. L. Hurley, Natural Reasons: Personality and Polity, Oxford, Oxford University Press, 1989, pp. xii + 462.John Charvet - 1993 - Utilitas 5 (2):321.
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    Rescuing Informed Consent: How the new “Key Information” and “Reasonable Person” Provisions in the Revised U.S. Common Rule open the door to long Overdue Informed Consent Disclosure Improvements and why we need to walk Through that door.Mark Yarborough - 2020 - Science and Engineering Ethics 26 (3):1423-1443.
    There is substantial published evidence showing that countless people enroll each year in ethically deficient clinical trials. Many of the trials are problematic because the quality of the science used to justify their launch may not be sufficiently vetted while many other trials may lack requisite social value. This poses the question: why do people volunteer for them? The answer resides in large part in the fact that informed consent practices have historically masked, rather than disclosed, the information that would (...)
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  29. Implicit Bias, Self-Defence, and the Reasonable Person.Jules Holroyd & Federico Picinali - 2022 - In Matt Matravers & Claes Lernestedt (eds.), The Criminal Law's Person. Hart Publishing.
    The reasonable person standard is used in adjudicating claims of self-defence. In US law, an individual may use defensive force if her beliefs that a threat is imminent and that force is required are beliefs that a reasonable person would have. In English law, it is sufficient that beliefs in imminence and necessity are genuinely held; but the reasonableness of so believing is given an evidential role in establishing the genuineness of the beliefs. There is, of (...)
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  30. HURLEY, S. L. Natural Reasons: Personality and Polity. [REVIEW]Martin Hollis - 1990 - Philosophy 65:528.
     
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  31.  73
    Moral Responsibility and Mental Health: Applying the Standard of the Reasonable Person.Michelle Ciurria - 2014 - Philosophy, Psychiatry, and Psychology 21 (1):1-12.
    It is contested whether and to what extent moral responsibility can be ascribed to persons with mental health disabilities. Will Cartwright (2006) evaluates two prevalent theories of responsibility in terms of their suitability for morally appraising sociopathic personality disorder, particularly as embodied in the famous homicidal bank robber Robert Harris. Cartwright argues that our intuitions about Harris conflict because we are instantly horrified by Harris’ actions, but we are forced to reconsider our initial moral reaction when we reflect on Harris’ (...)
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  32. Knowledge, persons, and the fact of reason.Glenda Satne - 2023 - In James Conant & Jesse M. Mulder (eds.), Reading Rödl: on Self-consciousness and objectivity. New York, NY: Routledge.
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  33. Fitting the people they are meant to serve: Reasonable persons in the american legal system.P. S. - 2003 - Law and Philosophy 22 (1):75-110.
    What does the law demand when it requires citizens to conform to standards of reasonableness? I propose and defend the view that the law should demand that citizens conform their behavior to some actual conduct in society. I contrast this idea against what might be called the ``empty vessel'' view of reasonableness, where the standard is understood to function like an empty vessel in the law, allowing courts to use various norms and moral judgments to determine what seems reasonable (...)
     
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  34. Reasons and Persons.Joseph Margolis - 1986 - Philosophy and Phenomenological Research 47 (2):311-327.
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  35.  23
    Reasons Without Persons: Rationality, Identity, and Time.Brian Hedden - 2015 - Oxford, United Kingdom: Oxford University Press UK.
    Brian Hedden defends a radical view about the relationship between rationality, personal identity, and time. On the standard view, personal identity over time plays a central role in thinking about rationality, because there are rational norms for how a person's attitudes and actions at one time should fit with her attitudes and actions at other times. But these norms are problematic. They make what you rationally ought to believe or do depend on facts about your past that aren't part (...)
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  36.  40
    Fitting the people they are meant to serve: Reasonable persons in the american legal system. [REVIEW]Steven P. Scalet - 2003 - Law and Philosophy 22 (1):75 - 110.
    What does the law demand when it requirescitizens to conform to standards ofreasonableness? I propose and defend theview that the law should demand thatcitizens conform their behavior to someactual conduct in society. I contrast thisidea against what might be called the``empty vessel'' view of reasonableness,where the standard is understood tofunction like an empty vessel in the law,allowing courts to use various norms andmoral judgments to determine what seemsreasonable in the circumstances. Theempty vessel account is the more commonapproach for understanding reasonableness,but (...)
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  37. Reason and the first person.Tyler Burge - 1998 - In Crispin Wright, Barry C. Smith & Cynthia Macdonald (eds.), Knowing Our Own Minds. Oxford University Press.
    The first part of the paper focuses on the role played in thought and action by possession of the first‐person concept. It is argued that only one who possesses the I concept is in a position to fully articulate certain fundamental, a priori aspects of the concept of reason. A full understanding of the concept of reason requires being inclined to be affected or immediately motivated by reasons—to form, change or confirm beliefs or other attitudes in accordance with them—when (...)
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  38.  39
    44. Reasons and Persons.Bernard Williams - 2014 - In Essays and Reviews: 1959-2002. Princeton: Princeton University Press. pp. 218-224.
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  39. Practical Reason and Respect for Persons.Melissa McBay Merritt - 2017 - Kantian Review 22 (1):53-79.
    My project is to reconsider the Kantian conception of practical reason. Some Kantians think that practical reasoning must be more active than theoretical reasoning, on the putative grounds that such reasoning need not contend with what is there anyway, independently of its exercise. Behind that claim stands the thesis that practical reason is essentially efficacious. I accept the efficacy principle, but deny that it underwrites this inference about practical reason. My inquiry takes place against the background of recent Kantian metaethical (...)
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  40. Reasons and Conscious Persons.Christian Coseru - 2020 - In Andrea Sauchelli (ed.), Derek Parfit’s Reasons and Persons: An Introduction and Critical Inquiry. London: Routledge. pp. 160-186.
    What justifies holding the person that we are today morally responsible for something we did a year ago? And why are we justified in showing prudential concern for the future welfare of the person we will be a year from now? These questions cannot be systematically pursued without addressing the problem of personal identity. This essay considers whether Buddhist Reductionism, a philosophical project grounded on the idea that persons reduce to a set of bodily, sensory, perceptual, dispositional, and (...)
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  41. Personal Identity and Practical Reason: The Failure of Kantian Replies to Parfit.Jonny Anomaly - 2008 - Dialogue 47 (2):331-350.
    ABSTRACT: This essay examines and criticizes a set of Kantian objections to Parfit's attempt in Reasons and Persons to connect his theory of personal identity to practical rationality and moral philosophy. Several of Parfit's critics have tried to sever the link he forges between his metaphysical and practical conclusions by invoking the Kantian thought that even if we accept his metaphysical theory of personal identity, we still have good practical grounds for rejecting that theory when deliberating about what to do. (...)
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  42. Elusive reasons: A problem for first-person authority.Krista Lawlor - 2003 - Philosophical Psychology 16 (4):549-565.
    Recent social psychology is skeptical about self-knowledge. Philosophers, on the other hand, have produced a new account of the source of the authority of self-ascriptions. On this account, it is not descriptive accuracy but authorship which funds the authority of one's self-ascriptions. The resulting view seems to ensure that self-ascriptions are authoritative, despite evidence of one's fallibility. However, a new wave of psychological studies presents a powerful challenge to the authorship account. This research suggests that one can author one's attitudes, (...)
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  43.  38
    Practical Reasoning and the First Person.David Hunter - 2017 - Philosophia 45 (2):677-700.
    I argue that while practical reasoning is essentially first personal it does not require having essentially first personal thoughts. I start with an example of good practical reasoning. Because there is debate about what practical reasoning is, I discuss how different sides in those debates can accommodate my example. I then consider whether my example involves essentially first personal thoughts. It is not always clear what philosophers who would claim that it must have in mind. I identify two features of (...)
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  44. First Person and Third Person Reasons and Religious Epistemology.Linda Zagzebski - 2011 - European Journal for Philosophy of Religion 3 (2):285 - 304.
    In this paper I argue that there are two kinds of epistemic reasons. One kind is irreducibly first personal -- what I call deliberative reasons. The other kind is third personal -- what I call theoretical reasons. I argue that attending to this distinction illuminates a host of problems in epistemology in general and in religious epistemology in particular. These problems include (a) the way religious experience operates as a reason for religious belief, (b) how we ought to understand religious (...)
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  45.  84
    Reason explanation and the second-person perspective.Johannes Roessler - 2014 - Philosophical Explorations 17 (3):346-357.
    On a widely held view, the canonical way to make sense of intentional actions is to invoke the agent's ‘motivating reasons’, where the claim that X did A for some ‘motivating reason’ is taken to be neutral on whether X had a normative reason to do A. In this paper, I explore a challenge to this view, drawing on Anscombe's ‘second-personal’ approach to the nature of action explanation.
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  46.  47
    Second-Personal Reasons and Moral Obligations.Wenwen Fan - 2014 - Journal of Value Inquiry 48 (1):69-86.
    Stephan Darwall (2006, 2010) claims that a conceptual connection exists between moral obligation and what he calls ‘second-personal reasons.’ In particular, he (2006) claims that, “moral obligation is an irreducibly second-personal concept. That an action would violate a moral obligation is…a second-personal reason not to do it.” A second-personal reason, according to him (2006), is “a distinctive kind of (normative) reason for acting,” a reason made on one’s will and purportedly given by an authority’s demand or address. This paper argues (...)
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  47.  21
    Religious Reasoning in the Liberal Public from the Second-Personal Perspective.Patrick Zoll - 2021 - Journal of Ethics and Social Philosophy 20 (3).
    There is a constant dissent between exclusivist public reason liberals and their inclusivist religious critics concerning the question whether religious arguments can figure into the public justification of state action. Firstly, I claim that the stability of this dissent is best explained as a conflict between an exclusivist third-personal account of public justification which demands restraint, and an inclusivist first-personal account which rejects restraint. Secondly, I argue that both conceptions are deficient because they cannot accommodate the valid intuitions of their (...)
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    Reasons and Conscious Persons.Christian Coseru - 2023 - In Reasons and Empty Persons: Mind, Metaphysics, and Morality: Essays in Honor of Mark Siderits. Springer. pp. 35-61.
    What justifies holding the person that we are today morally responsible for something we did a year ago? And why are we justified in showing prudential concern for the future welfare of the person we will be a year from now? These questions cannot be systematically pursued without addressing the problem of personal identity. In pursuing this problem, this essay considers whether Buddhist Reductionism, a philosophical project grounded on the idea that persons reduce to a set of bodily, (...)
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  49. Reason and the First Person u knjizi Wright, C., Smith, B: C. and Macdonald, C.T. Burge - 1998 - In Crispin Wright, Barry C. Smith & Cynthia Macdonald (eds.), On Knowing Our Own Minds. Oxford University Press.
  50.  47
    Reasons and the first person.Jaegwon Kim - 1998 - In J. A. M. Bransen & S. E. Cuypers (eds.), Human Action, Deliberation and Causation. Dordrecht: Kluwer Academic Publishers. pp. 67--87.
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