The Nature of Reasonableness
In honor of Professor Alan Calnan, a prolific and inspiring Torts scholar. His wife and colleagues at Southwestern Law School wish to dedicate this Essay to his memory.
Though the notion of reasonableness dominates Anglo- American law, its meaning has been clouded by traditional conceptual analysis. This Essay argues that greater clarity can be gained by taking a scientific approach to the subject, exposing the natural foundations beneath the concept’s varied interpretations. Reasonable legal minds agree that reasonableness is one of the foundational concepts of American law,…