Learn more about problemsolving with this collection
Understanding the importance of decision-making
Identifying biases that affect decision-making
Analyzing the potential outcomes of a decision
The law of accidents
The reasonable person is often associated with the law of accidents.
When determining if someone is legally responsible for causing an injury, courts want to know if the person causing the injury acted with the care of a reasonable person. But theorists often remark that the reasonable person is not the average person. In turn, this sparks 'ideal' theories of a reasonable person.
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How the law judge reasonableness
When the law elaborates on reasonableness, it often suggests statistical considerations.
Historically, courts referred to the 'reasonable person and the 'ordinary' person, or otherwise, the 'ideal average prudent person'.
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How ordinary people judge reasonableness
How ordinary people judge reasonableness is mostly neglected. The standard of 'reasonable care' might be viewed as the standard level of care or a good level of care or both.
An experiment suggested that our conception of reasonab...
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The 'individualisation problem'
Acknowledging the relevance of statistical considerations offers progressive implications: when we want to include personal characteristics in reasonable-person analyses, should it include age, gender, race, etc.? For example, apparently sexist remarks. Women may understand c...
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The reasonable person
Legal standards would often ask what the 'reasonable person' would do. But we should consider who this person is.
The reasonable person is not the average person as average people can do unreasonable things; neither is it the ideal person. Instead,
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Reasonableness is not an empirical or statistical measure of how average members of the public think, feel, or behave … Rather, reasonableness is a normative measure of ways in which it is right for persons to think, feel, or behave …
PETER WESTEN
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How the law judge reasonableness
When the law elaborates on reasonableness, it often suggests statistical considerations.
Historically, courts referred to the 'reasonable person and the 'ordinary' person, or otherwise, the 'ideal average prudent person'.
The reasonable person
Legal standards would often ask what the 'reasonable person' would do. But we should consider who this person is.
The reasonable person is not the average person as average people can do unreasonable things; neither is it the ideal person. Instead,
The Law Of Least Effort
We will instinctively choose the path that requires least amount of work. This is a universal law that has huge implications in habit formation:
- Create an environment where doing the right thing is as easy as possible.
- Reduce the frict...
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