I've been thinking about the old common law concept of the "reasonable man" as a benchmark in disputes. It's not a specific person, but an ideal of reasonableness. When handling conflicts, everyone is compared to this standard. Justice operates as if we’re all reasonable, expecting us to act that way, even though it’s not assumed everyone is. You can’t resolve disputes with a madman, after all.

But in the real world, this is often a problem. I’ve seen countless times that people just aren’t reasonable. Worse, even those who usually are can lose it when dealing with someone who’s gone completely off the rails. They turn into madmen themselves during arguments or disputes with crazy individuals. It’s frustrating to witness.

I’ve got two thoughts on this. First, I’m genuinely glad there are still reasonable people out there who stay calm and rational, even when facing someone clearly unhinged. That’s the positive. But on the negative side, I feel like being truly reasonable is rare these days. Honestly, it seems most people are a bit crazy... And many more than a bit...

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The idea of a "reasonable man" seems like a slippery slope. Who decides what a reasonable man is? Like you said most people are incapable of remaining rational. If that is the case then wouldn't society deem the "reasonable man" to be something like the societal mean.......which would be an irrational person?

What's worse, is that there is no definition of reasonable, even though many "laws" hinge on the concept.

I am not talking about laws (legislation), but about law of the common (or natural law).

Common Law: Develops from judicial decisions and precedents, emphasizing consistency through past rulings (stare decisis).

Natural Law: Based on universal moral principles inherent in human nature, discovered through reason, not created by humans.

Legislation: Laws enacted by legislative bodies, codified in statutes, reflecting governmental will and societal needs.

The standard originated in 1837 with Vaughn v. Menlove, establishing that reasonableness is objective rather than subjective.

Courts apply this by asking how a reasonable person would have behaved in similar circumstances to the defendant.

Typically this is a jury question and is augmented by the kind of person, would a reasonable surgeon have done x, y, z. In other words the actual standard of care is context dependent. Also if I was sued for something I wasn’t or shouldn’t be liable I probably would waive my right to a jury—-speaking for myself.