Legal epistemology

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  • 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.

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  • 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....

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  • 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).

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