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by vel0city 356 days ago
Would you also argue any standard related to a "reasonable person" to be entirely arbitrary? That's an incredibly similar standard used to determine negligence and similar concepts.
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It's a pretty common standard used in a lot of places.

https://en.wikipedia.org/wiki/Reasonable_person

And other similar "vague" concepts arise elsewhere in the law, like someone "skilled in the art".

https://en.wikipedia.org/wiki/Person_having_ordinary_skill_i...