Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 2 of 2
Full-Text Articles in Law
Problemi Dell'illecito: Superiorità Soggettive E Giudizio Sulla Colpa, Mauro Bussani
Problemi Dell'illecito: Superiorità Soggettive E Giudizio Sulla Colpa, Mauro Bussani
Mauro Bussani
A long-standing tenet of Western negligence law holds that the standard against which the defendant’s behavior should be evaluated is that of a ‘person without qualities’, a fictitious individual allegedly endowed with average knowledge, conventional musculature, ordinary reactions, commonplace skills, and normal intelligence and memory. This paper is based on a comparative analysis of Italian, French, and Anglo-American rules. Its aim is to challenge the ‘person without qualities’ standard, and to demonstrate its empirical, theoretical, and policy flaws when the defendant is a ‘super(wo)man’, that is, someone who, differently from the average (wo)man, is endowed with the physical/intellectual capabilities, the …
Faiblesse Oblige, Mauro Bussani
Faiblesse Oblige, Mauro Bussani
Mauro Bussani
A general principle of Western negligence law is that, whatever a person’s characteristics, (dis)abilities, strengths and weaknesses, his/her behavior should be judged against the standard of care expected from the ‘reasonable person’. The latter is a person allegedly endowed with average knowledge, conventional musculature, ordinary reactions, commonplace skills, and normal intelligence and memory – a ‘person without quality’. The aim of this paper is to offer comparative evidence to the fact that the ‘person without quality’ rule (ought not be, and) actually is not imposed upon below-average defendants – that is, persons who are weaker than the ‘reasonable person’, like …