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Full-Text Articles in Law
After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse
After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
This article challenges the conventional notion of the “reasonable man.” It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the site for debate over majoritarian norms. The article posits that the debate over having a purely subjective standard and a purely objective standard obscures the commonsense necessity of having a hybrid standard, one which takes into account the characteristics of a particular …
Testing An Individual Systems Model Of Response Evaluation And Decision (Red) And Antisocial Behavior Across Adolescence, Reid G. Fontaine
Testing An Individual Systems Model Of Response Evaluation And Decision (Red) And Antisocial Behavior Across Adolescence, Reid G. Fontaine
Reid G. Fontaine
This study examined the bidirectional development of aggressive response evaluation and decision (RED) and antisocial behavior across five time points in adolescence. Participants (n5522) were asked to imagine themselves behaving aggressively while viewing videotaped ambiguous provocations and answered a set of RED questions following each aggressive retaliation (administered at Grades 8 and 11 [13 and 16 years, respectively]). Self- and mother reports of antisocial behavior were collected at Grades 7, 9/10, and 12 (12, 14/15, and 17 years, respectively). Using structural equation modeling, the study found a partial mediating effect at each hypothesized mediational path despite high stability of antisocial …