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This analysis uncovers the complexity of standards in criminal law, indicating how attributes affect legal judgments.
The criminal law sets standards. These standards often account for human differences. For example, what counts as ‘reasonable force’ in self-defence differs for adults versus children. Courts and commentators often imply that we face a single question of whether a standard should account for a given attribute. I claim that we should distinguish two questions. Firstly, whether a standard itself is relativised, raised or lowered, to account for an attribute. Secondly, whether an attribute is contextually relevant to whether the defendant met a (perhaps non-relativised) standard. I illustrate the importance of this distinction with examples from across the criminal law: self-defence, loss of control, sexual offences, and driving offences.
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James Manwaring (2026) studied this question.
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