Risk has become one of the main topics in fields as diverse as engineering, medicine, and
economics, and it is also studied by social scientists, psychologists, and legal scholars. But the
topic of risk also leads to more fundamental questions such as:What is risk?What can decision
theory contribute to the analysis of risk? What does the human perception of risk mean for
society? How should we judge whether a risk is morally acceptable or not? Over the last couple
of decades, questions like these have attracted interest from philosophers and other scholars
into risk theory.
Every author owes debts more numerous than he can mention. Of some, he is
barely aware, though they are no less real for that. More troubling are those that
run so deeply that they cannot easily if ever be repaid, and certainly not by the
bare acknowledgment of their existence. Still, it remains important to mention
them, even if the gesture is brief and fleeting.
I first became interested in epistemological issues surrounding the law about
five years ago, having previously devoted myself to the philosophy of science
and applied epistemology....
LEGAL CULTURE VERSUS Legal Tradition? The dichotomy is
unreal in most circumstances. But not in all.
Legal culture is legal tradition, and legal tradition is legal culture. But with
an exception. Those living the culture, namely lawyers including judges and
law professors, are usually unaware of the tradition. They are often unaware
of, and indifferent to, history. (I would like readers to know that I am dealing
only with private law. Constitutional law is beyond my expertise).