4 ms·
The "reasonable person" from law is not an average or typical person. It's an idealized person who doesn't change very much over time because the concept is roo
by chongli 3y ago
The "reasonable person" from law is not an average or typical person. It's an idealized person who doesn't change very much over time because the concept is rooted in common law. The average or typical person can change dramatically as social norms and movements go, but common law moves very slowly by accumulation of precedent.
- ttyprintk 3y agoI think that’s his point: the legal fiction goes back to Roman law and is specifically invariant when used for questions of constitutional equality or egalitarianism.
- deleted 3y ago[deleted]