Unreasonable People

Catalog description

Legal doctrines require a minimum level of mental competence for legal accountability. Yet, this requirement is not uniform across legal domains, only applies to some people, and has changed over time. This seminar will explore the concept of the "unreasonable person," those who do not fulfill the threshold of legal accountability, and its implications. We will discuss the developments of doctrines, such as insanity, incapacity, minority, and senility, that attempt to define those who fall short of full legal accountability. We will also examine how the law has grappled with the activities of "unreasonable people." We will also consider legal fictions, such as the reasonable person standard, which attempts to clarify those who qualify for full legal accountability and how they have shifted historically. This class will appeal to those interested in disability law, elder law, children and the law, and those who desire a cross-doctrinal conversation incorporating criminal law, torts, and constitutional law. Student assessment is based on class participation and a final project or paper. Students may transfer into the R paper section after the term begins with the consent of the instructor. Non-law students are welcome to apply for enrollment. Attendance, class participation, written assignments, final paper.