Kevin Tobia

Countless legal standards ask what the ‘reasonable person’ would do — but who is this person?

Countless legal standards ask what the ‘reasonable person’ would do. But who is this person? The reasonable person is not just the average person. That’s easily seen. Sometimes, average people do unreasonable things. This insight has led theorists to propose the reasonable person as some ‘ideal person’, such as the virtuous person, the person who achieves the best consequences, or the person who acts in accord with moral duty.

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