The Architecture of Adjudication: A Meta-Analysis of the Reasonable Person Standard Across Law, Philosophy, and Economics

<span style="font-weight: 400;">The "reasonable person" stands as the central protagonist in the theatre of Anglo-American jurisprudence. This figure is not a specific individual but a legal construct&mdash;a standard against which human behavior is measured, judged, and disciplined. In tort law, the reasonable person determines the boundary between accidental misfortune and actionable negligence. In criminal law, this construct delineates the threshold of culpability, deciding whether a claim of self-defense is valid or if a provocation is sufficient to mitigate murder to manslaughter. In contract law, the reasonable person interprets the objective meaning of agreements, silencing the subjective intent of the parties in favor of a standardized understanding.</span>

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Publication Details

Journal
UNC Libraries
Published
2026-02-03
DOI
https://doi.org/10.17615/fa8m-vn74
Primary Topic
Free Will and Agency
Type
article
Field-Weighted Citation Impact
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article

The Architecture of Adjudication: A Meta-Analysis of the Reasonable Person Standard Across Law, Philosophy, and Economics

Owen R Thornton
UNC Libraries
Free Will and Agency
article

The Architecture of Adjudication: A Meta-Analysis of the Reasonable Person Standard Across Law, Philosophy, and Economics

Owen R Thornton
article en

Abstract

<span style="font-weight: 400;">The "reasonable person" stands as the central protagonist in the theatre of Anglo-American jurisprudence. This figure is not a specific individual but a legal construct&mdash;a standard against which human behavior is measured, judged, and disciplined. In tort law, the reasonable person determines the boundary between accidental misfortune and actionable negligence. In criminal law, this construct delineates the threshold of culpability, deciding whether a claim of self-defense is valid or if a provocation is sufficient to mitigate murder to manslaughter. In contract law, the reasonable person interprets the objective meaning of agreements, silencing the subjective intent of the parties in favor of a standardized understanding.</span>

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Free Will and Agency
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