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The Demise of the Reasonable Man - A Cross-cultural Study of a Legal Concept (Paperback)
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The Demise of the Reasonable Man - A Cross-cultural Study of a Legal Concept (Paperback)
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Judges in most societies often resort to resolving disputes by
means of applying a criterion of reasonableness. In The Demise of
the'Reasonable Man' Michael Saltman explores the ways in which
reasonableness varies from one legal culture to another, defined by
the relative presence or absence of centralized political power. In
non-politically centralized societies, Saltman says, judges seek
meanings underlying human behavior, and try to place reasonableness
within a societal and cultural context. This is possible because
primitive societies are relatively homogenous in their values and
tend towards consensus when determining what constitutes reasonable
behavior. In contrast, modern judges resort to standards of
reasonableness only when the legal standard is unclear. Saltman
contrasts judges in politically centralized societies, who, in the
absence of such consensus, have the authority to determine, on the
basis of that authority, what constitutes reasonableness. This rich
volume references case studies drawn from ethnographic fieldwork,
historical sources, and law reports to demonstrate differences in
judicial attitudes toward reasonableness.
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