No Reason for the Reasonable Person: Feminist Lessons from the Fourth Amendment

Disorient: Critical Legal Journal of the Pacific Northwest, Issue 1, January 2009

52 Pages Posted: 8 Dec 2013

See all articles by Dana Raigrodski

Dana Raigrodski

University of Washington - School of Law

Date Written: January 1, 2009

Abstract

This Article questions the universal reasonableness, objectivity, and a-perspectivity that the reasonable person standard and its specific application purport to embody. It aims to expose the inherent arbitrary and artificial construction of the 'reasonable person,' so that its maintenance can no longer be justified on grounds of rational, coherent, and bright guidelines. Once the logical analytical foundations of the reasonable person standard break down, feminist theories suggest that the courts maintain the fiction of the reasonable person as a mechanism of perpetuating patriarchy and subordinating women and others.

Keywords: feminist jurisprudence, Fourth Amendment, search and seizure, privacy, reasonable person, subordination

Suggested Citation

Raigrodski, Dana, No Reason for the Reasonable Person: Feminist Lessons from the Fourth Amendment (January 1, 2009). Disorient: Critical Legal Journal of the Pacific Northwest, Issue 1, January 2009, Available at SSRN: https://ssrn.com/abstract=2364644

Dana Raigrodski (Contact Author)

University of Washington - School of Law ( email )

Seattle, WA 98195
United States
206-616-5321 (Phone)

HOME PAGE: http://www.law.washington.edu/Directory/Profile.aspx?ID=26

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