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Legal Decisions Under Uncertainty

Authors: Christoph Engel;

Legal Decisions Under Uncertainty

Abstract

Lawyers routinely have to decide under considerable uncertainty. Those officially applying the law in force, like judges or public officials, often do not know all the facts of the case. And the legislator ought to know, understand and forecast much more than he usually does. Economics, psychology and systems and cultural theory address knowledge, ignorance and uncertainty, using sharp conceptual tools. This article explores how law might exploit the knowledge of its neighboring disciplines. In each case, the assessment hinges upon understanding how the concept of knowledge in question differs from the legal one. If and when the open integration of a foreign concept proves unfeasible, two ways out are still worth investigating. The authorities entrusted with rule application often enjoy more latitude when tracing and selecting cases. Moreover, the legislator can step in and tune a statutory provision such that it can better exploit the generic knowledge offered by a neighboring discipline.

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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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