The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

Friday, February 1, 2019

Legal standards invoke the ‘reasonable person’. Who is it? | Aeon Ideas

As many have rightly noted, the reasonable person is not simply the average person. But contrary to influential theories, the reasonable person is not some ideal person, an ‘anthropomorphic conception of justice’. People do not judge reasonableness that way. Nor does much of the law – for good reason. The reasonable person is a hybrid person, reflecting a mixture of what is common and what is good.


I'm not sure this is right. But at least it's interesting.

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