Reasonableness in Capacity Law

It is not uncommon for people to hold bizarre views. Sometimes, these views appear before the courts in mental capacity cases. Judges must then decide if are so that they constitute evidence of incapacity or, instead, those everyday sort do such evidence. The idea behind distinction can be false but, some important sense, unreasonable. But what should tip balance reasons a view count as severely unreasonable rather than merely so? turns out law unable provide principled answer this question because it lacks standard parse beliefs. This paper offers standard, focussing on ability reason, or ‘use and weigh’ criterion, which features most statutes. takes form threshold with four necessary conditions. main when person's belief satisfies conditions, counts an inability reason. standard's objective displace various unarticulated conceptions reasonableness judges currently compelled use determine questions reasoning ability.