The idea of the rational man has always been a bit of an exaggeration. However, it has been a useful idea. The American court system often rest on the idea of the “reasonable man.” And that idea has functioned well incorporating contemporary social beliefs informally into the legal system.
The idea of the rational buyer has permeated American economics. It has bizarre elements. For instance, it assumes that buyers make rational decisions even in the face of advertising. It assumes that buyers recalculate safety risks to maintain the same level of safety, etc. It also is useful, but mainly for protecting business from criticism.
It would be extremely difficult to develop a criminal justice system that takes a perpetrator’s reasoning into consideration. But that it is difficult does not mean it should be done. It would add depth and power to punishment and social control.
It needs development, but I think it can be done.
James Pilant
great article in the telegraph: “The human brain: turning our minds to the law” “Our understanding of the way the brain works could help us create a better legal system, says neuroscientist David Eagleman…. “The problem is that the law rests on two assumptions that are charitable, but demonstrably false. The first is that people are practical reasoners, which is the law’s way of saying that they are capable of acting in alignment with their b … Read More
via hbd* chick
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