...average man" must at his proper peril conform. " The law," says this profound and accomplished writer, " takes no account of the infinite varieties of temperament,...character of a given act so different in' different men. The law considers what would be blameworthy in the average man, the man of ordinary intelligence and...

...standards of gineral application. The law takes no account of the infinite varieties of trmperament, intellect and education which make the internal character...a given act so different in different men. it does rot attempt to see men as God sees them, for more than one sufficient reason. 1n the first place, the...

...102]. "Some middle point must be found between the horns of this dilemma. "The standards of the law are standards of general application. The law takes no account of the intinite varieties of temperament, intellect and education which make the internal character of a given...

...who could have any hope of reaching it? Holmes was blunt on this question - as on all odiers: the law "does not attempt to see men as God sees them, for more than one sufficient reason ... If, for instance, a man is born hasty and awkward, is always having accidents and hurting himself...

...setting the standard of care30. As was aptly said by Oliver Wendell Holmes, "[tjhe standards of the law are standards of general application. The law takes...men. It does not attempt to see men as God sees them. . ."31 Thus, the physician's standard of care is measured by external, objective32 standards and is...

...answers."13 Limiting itself to issues of "proximate cause" (290), "'[t]he law,' wrote Justice Holmes, 'takes no account of the infinite varieties of temperament,...God sees them, for more than one sufficient reason'" (429). Yet, as Harry describes the true import of Oscar's play, the ability to look inside is what...

...liable for injuring another if he acted as well as he personally could, Holmes wrote The law . . . does not attempt to see men as God sees them, for more than one sufficient reason. ... If, for instance, a man is born hasty and awkward, is always having accidents and hurting himself...

...individual circumstances. Crease, in the Fickert case, supports this view with a Holmes quotation: "The law . . . takes no account of the infinite varieties...God sees them, for more than one sufficient reason" (429). Here, the law is best thought of as indifferent to a person's particular fortunes: it judges...

...68 NY 96, 497 NE2d 41 (1986). 14. MFC §2.02(c). 15. Holmes wrote that the law should pay no heed to "the infinite varieties of temperament, intellect...the internal character of a given act so different." OW Holmes, Jr., The Common Law 108 (1881). 16. See A Crime of Self-Defense at 205-07. 17. See State...

...assumption of the reasonable man standard of experience rather than logic: "The standards of the law are standards of general application. The law takes...men. It does not attempt to see men as God sees them . . . The rule that the law does, in general, determine liability by blameworthiness, is subject to...