SOCI 160E Lecture Notes - Lecture 5: Benjamin N. Cardozo, Reasonable Person, Objective Test
Document Summary
Law and societal culture how societal law shapes law. Culture is what practitioners believe and do. Culture has a minimal degree of coherence. Culture is a context something within which social events can be. Causation: did your action actually cause the event. A concept developed for the law to decide if there was a breach of duty. A common standard to judge the behaviors of the defendant. In practice, the jury is instructed to apply the concept to determine if what a defendant did amounted to a breach of duty. From legal-dictionary: ahypothetical person in society who exercises average care, skill, andjudgment in conduct and w ho serves as a comparative standard for determining liability. Objective test: whether the defendant proceeded with such reasonable caution as a prudent person would have exercised under such circumstances. Implicit model of law and culture in the rp standard.
