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This reasonableness standard is based on what a reasonable officer under similar circumstances would do.
The use of the reasonableness standard, common in our legal system, inevitably invites the question, "Reasonable to whom?" Judge Barksdale, for instance, seems skeptical that rap is music at all; his opinion refers to Bell's track as a "rap recording" rather than, simply, a song.
That's who the reasonableness standard is going to be placed on".
Similarly, the reasonableness standard reflects a belief that it is better to give privacy premium protection than to have all crimes detected and prosecuted.
Until the legal loopholes like the "objective reasonableness" standard are closed, law enforcement officers will continue to be able to kill people while in uniform without being held accountable.
Only the sharing of "substantial financial risk" was sufficient to allow a network to be evaluated under a reasonableness standard.
Similar(53)
Adopting a "reasonable belief" standard does not help, in her view, because the standard for "reasonableness" masquerades as objectivity while almost inevitably relying on patriarchal and pornographic assumptions; thus "measuring consent from the socially reasonable, meaning objective man's, point of view reproduces the same problem under a more elevated label" (181).
Opponents of the reasonable woman standard contend that it is both possible and desirable to account for common differences between men's and women's physiologies, social experiences, and perceptions without importing gender into the definition of reasonableness itself.
'Reasonable justification', on this interpretation, is the reasoning available to the virtuous person; the standard for reasonableness is right reason as it is in other Stoic uses of 'reasonable', such as in the description of the good emotions (eupatheiai).
All genuine versions of public reason liberalism share the standard conception of reasonableness.
"Reasonableness is a murky standard, so there's room for a new legal challenge," Professor Kerr said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com