LAW, CONTINUITY AND CHANGE: REVISITING THE REASONABLE PERSON WITHIN THE DEMOGRAPHIC, SOCIOCULTURAL AND POLITICAL REALITIES OF THE TWENTY-FIRST CENTURY

This article examines the tensions that exist between legal constructs (as traditionally conceived and practiced) and present society. More specifically, this article delves into and revisits one of law’s most enduring legal fictions: The legal concept of the Reasonable Person. The central question this article addresses is: Does this enduring legal fiction, utilized since the inception of American society, require a conceptual reassessment due to the fact that it bears little if any resemblance to the world from and for which it was created?

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