Rationality and Reasonableness in the Causal Chain: a new model to support legal decision-making

Crane, Kathryn J (2009) Rationality and Reasonableness in the Causal Chain: a new model to support legal decision-making. [Dissertation (University of Nottingham only)] (Unpublished)

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Abstract

This dissertation considers the concepts of rationality and reasonableness within the fields of economics and law respectively. An examination of the relevant literature within these fields is conducted, together with a consideration of concepts in the literature of other fields including psychology, philosophy and the press. Extensive critiques of both concepts are presented here and yet it is maintained that they are nonetheless of significant importance.

Real-world examples are used to illustrate the two concepts and the difficulties which arise due to the lack of a precise definition of either ‘rationality’ or ‘reasonableness’.

Utilising a model first developed by Young et al (2004) a new model is presented which aims to support legal decision-making in criminal cases where, although the defendants’ responsibility for the incident in question can be established, it is unclear whether the defendants’ actions are those of a rational and reasonable man, and thus influence the degree of culpability and the appropriate level of punishment.

Item Type: Dissertation (University of Nottingham only)
Keywords: law; law and economics; economics; rational; rationality; reasonable; reasonableness; causal chain; liability; causality; causation
Depositing User: EP, Services
Date Deposited: 03 Feb 2010 14:44
Last Modified: 24 Jan 2018 21:02
URI: https://eprints.nottingham.ac.uk/id/eprint/23106

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