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Talk:Reasonable person

Criticisms of the Reasonable Person Standard?

I'm hoping that we can open a section for criticisms of the reasonable person standard. I think that the use of the alleged reasonable person standard against a defendant violates that defendant's right to due process because nobody knows what the one or more necessary or sufficient criteria are that define the reasonable person standard in order to satisfy such criteria for (1) possession of a reasonable person standard or (2) development of a reasonable person standard for possession of a reasonable person standard in order for such reasonable person standard to be used against a defendant in order to adjudicate whether or not a defendant was negligent. I've read that when it comes to the reasonable person standard, one concern was equality: Which I presume is a reference to equal protection under the law (I don't remember the article). --75.149.204.97 (talk) 19:42, 27 March 2023 (UTC) (Dennis Francis Blewett)[reply]

Here is an equal protection argument I have from a motion to vacate my U.S. Dept. of Education student loan that I am drafting: "...I think the use of the alleged reasonable person standard against a defendant by an adjudicator violates that defendant’s right to equal protection under the law because the adjudicator would be partial to the alleged reasonable person of the alleged reasonable person standard; the adjudicator would not consider anyone’s behavior to be nor have been reasonable unless the behavior is what the alleged reasonable person would or would have displayed (as alleged by the adjudicator) under the same circumstances; the judge would be pleasuring himself or herself via satisfying one or more biological imperatives of his or her’s via his or her power to extort one or more things from a defendant via the judge overcoming one or more civil protections of the defendant that prevent extortion via the judge violating one or more of a defendant’s civil rights [such as a defendant’s 14th amendment rights, as per the Constitution of the United States of America] via deception of one or more others and/or agreement with one or more others that one or more of the adjudicator’s claims and/or actions [such as the adjudicator adversarially discriminating against a defendant with the alleged reasonable person standard via the adjudicator using the alleged reasonable person of the alleged reasonable person standard as an ad hoc rhetorical device (aka “legal fiction”) to claim that a defendant has been negligent relative to one or more acts] via sophistry via the need for the adjudicator to satisfy one or more biological imperatives; the alleged reasonable person of the alleged reasonable person standard does not exist (except as a legal fiction) in order for the alleged reasonable person of the alleged reasonable person standard to be used as an objective standard in order for an adjudicator to adjudicate whether or not a defendant was negligent relative to one or more acts; no one can qualify via proof the existence of the reasonable person of the reasonable person standard; there was not, is not, nor will there be any evidence to the contrary..." --75.149.204.97 (talk) 20:20, 28 March 2023 (UTC) (Dennis Francis Blewett)[reply]
Here is one more criticism from my draft: "...Another problem with the reasonable person standard that I do not see mentioned in literature nor the Internet is that no one can be sure of what is reasonable in an effort to make a reasonable person standard for adjudicating over persons. For instance, despite any presumptions or perceptions to the contrary, the philosophical thought experiment that an adjudicator might have been and might be deceived as to what is reasonable behavior from a person in society in order for the adjudicator to develop the reasonable person standard for use is being asserted..." --75.149.204.97 (talk) 20:23, 28 March 2023 (UTC) (Dennis Francis Blewett)[reply]

Alternation between 'he' and 'she'

I found the repeated alternation between 'he' and 'she' distracting and unnecessary202.74.220.129 (talk) 22:32, 13 March 2009 (UTC)[reply]

Sorry, but that's the way it is. Present style in English is to refer to a generic person with the female pronoun "she". The "he" you seem to be having problems with is the older, pre-modern style of using a generic male pronoun to refer to the generic person. It would have been "she" througnout the entire article, but for the fact the any "he" you find is in a quote. Foofighter20x (talk) 09:30, 14 March 2009 (UTC)[reply]

Your bizarre notions are incorrect, educate yourself. — Preceding unsigned comment added by 109.255.232.208 (talk) 17:08, 8 October 2014 (UTC)[reply]

The Wikipedia policy is to go by whatever usage the original author used.Greg Bard 00:00, 27 May 2010 (UTC)[reply]

reasonable woman

regarding sexual harassment and the vulnerability of women: either provide a citation to support the text in the article, or kindly remove the text. as this is presumably a matter that has received non-trivial attention in the last 2 decades in the US, a citation ought not be difficult to find, if in fact the information given is correct. — Preceding unsigned comment added by 24.130.81.47 (talk) 05:58, 14 March 2012 (UTC)[reply]

I back this. This concept seems very, very controversial, and I've personally never encountered it. It needs to either be cited, and properly contextualised as outré, or removed. — Preceding unsigned comment added by 82.0.28.94 (talk) 22:29, 11 March 2015 (UTC)[reply]

various versions of the reasonable person

I've spent some time studying the concept of the reasonable person, and I'd like it if people could find sources as to what I've spent time learning and reading about the reasonable person. As far as I understand, there are at least three versions of the reasonable person.

  1. The "reasonable person" as put forward by the defense,
  2. the "reasonable person" as put forward by prosecution or the plaintiff, and
  3. the "reasonable person" that occurs in court.

One of the things I've found in studying the concept of the reasonable person is that it is in no way best described as a community standard. It's not well described by claiming there is ever such as a thing as a "reasonable" professional, officer, woman, man, etc... Those are basically all reasonable person incarnation claims, whereby to say there is such thing as a "reasonable professional" is to claim that a professional can embody the reasonable person in the incarnate form. You might as well be saying Dr. God is the only reasonable doctor that could ever exist. The Clapham omnibus stuff is garbage. The reasonable person is not a community standard. It's not the average man. --Cyberman (talk) 23:22, 24 January 2016 (UTC)[reply]

In practice that is exactly what it is. There is no definitive, unbiased way to decide what is or is not reasonable. It will vary according to time and place. — Preceding unsigned comment added by 196.30.79.206 (talk) 05:07, 16 November 2016 (UTC)[reply]

Not being a disinterested party (I'm the brother of the defendant), it would not be appropriate for me to add an edit or a citation, but would anyone care to have a look at R v Morhall [1] with regard to Lord Diplock's opinions on this? Philculmer (talk) 11:32, 27 April 2023 (UTC)[reply]

References

  1. ^ http://e-lawresources.co.uk/R-v-Morhall.php

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