ABSTRACT

Law and Objectivity is a work of rare distinction. It accounts lucidly for the elements of objectivity and of subjectivity in legal thought, whether in relation to the elements required by the law for liability, civil or criminal, or in relation to the objectivity, intersubjectivity, or even pure subjectivity found in the weighing of legal arguments. There has been a fair amount of writing on what justifies the law's resort to prescribing "reasonableness" as a guiding standard in a given general context. The topics to which reasonableness connects are variable, and the factors relevant to judgement vary according to the topic. Advances in medical knowledge may reveal risks in simple procedures such as the administration of injections, risks avoidable by the taking of new precautions; then the reasonableness of taking such precautions changes and is governed by the new state of available knowledge in the profession.