If there's one constant that can be relied upon, it's that "things that are reasonable to a lawyer" and "things that are reasonable to a normal human being" are essentially disjoint sets.
Yes, but here it’s not being invoked in the sense of “would a reasonable person believe based on this evidence that the facts which would violate the actual law exist” but “would a ‘reasonable’ person believe the law is what the law, indisputably, actually is”.
It’s being invoked to question the reality of the law itself, based on its subjective undesirability to the speaker.
Yet it never becomes anywhere near the significant fulcrum you made it out to be here, filtering between the laws you think are good and the laws you think are bad. Further, you seem to mistake attorneys with legislators. I'd be surprised if a reasonable person thinks it is okay to profit off the likeness of others without their permission. But I guess you don't think that's reasonable. What a valuable conversation we're having.
You can, as they say, look it up.
You seem incredibly confused. Legislators pass legislation, not lawyers. So it was never a question as to what lawyers thought reasonable laws are. State representatives determined that it was a good idea to have right of publicity laws and that is why they exist in many large states in the US.
> The "reasonable man" standard is all over case law
Yes, as I already pointed out to you, and another poster did as well, this "reasonable man" standard has nothing to do with your prior use of the word reasonable as an attempt to filter out which laws are the ones you think are okay to enforce.
>You can, as they say, look it up.
You should take your own advice!
I'm not "confused" about anything.
Yes, legislators pass laws, but how those laws are actually applied very much depends on the persuasive skills of lawyers.
If your hypothetical where you could use the printed law as passed by legislators essentially as a lookup table, lawyers would serve no purpose.
But somehow people spend tons of money on them nonetheless.
In litigation, any question whether X was "reasonable" is typically determined by a jury, not a judge [0].
[0] That is, unless the trial judge decides that there's no genuine issue of fact and that reasonable people [1] could reach only one possible conclusion; when that's the case, the judge will rule on the matter "as a matter of law." But that's a dicey proposition for a trial judge, because an appeals court would reverse and remand if the appellate judges decided that reasonable people could indeed reach different conclusions [1].
[1] Yeah, I know it's turtles all the way down, or maybe it's circular, or recursive.
You are very confused. The reasonable person standard has absolutely nothing to do with your initial post where you quoted it.
>If your hypothetical where you could use the printed law as passed by legislators essentially as a lookup table, lawyers would serve no purpose.
What the fuck are you talking about? The stuff I see people here say about the law is INSANE. You don't need a lawyer in the US if you are an individual person, you can represent yourself. What the hell does any of it have to do with a lookup table? I've never seen something so deeply confused and misguided.