The word reasonable is the central word of American jurisprudence. Does it carry its dictionary meaning? Is its meaning ever clearly delineated in law school? Does it refer to the behavior of someone with good common sense? The answer to those is, no. If any of these meanings were to be used, they would cause a mistrial. This commentary is addressed to the most atheistic, anti-religion lawyers possible.
Man fell from Eden. This Fall made his intellect subject to being misled by temptations, deadly sins, emotions, some very negative. So logic and intellect are not useful guides to moral decision making.
Reason has a specific meaning in the world of Scholasticism. St. Thomas Aquinas was its most prominent philosopher. Henry of Bratton was a student. He wrote the case book, from which English and American law emerged almost fully formed.
To those two, reason is the human faculty that perceives God. Thomas goes to a great length to show the New Testament is the sole, reliable guide to righteous, moral decisions.
In technical Scholasticist terminology, reasonable refers to conduct guided by the New Testament, a book about the life, thoughts, and acts of Jesus Christ.
The reasonable person is a fictitious character and must be fictitious. He is Jesus Christ. And his standards of due care and conduct violate the Establishment Clause of this secular nation. That illegality is the reason the word is never defined in law school, nor anywhere else legal.
Merry Christmas to the lawyers. You should celebrate this day because it holds a very special meaning to the lawyer.
2 years ago