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Full-Text Articles in Law
The Role Of The Unconscious In The Perception Of Risks, Andrew F. Fritzsche
The Role Of The Unconscious In The Perception Of Risks, Andrew F. Fritzsche
RISK: Health, Safety & Environment (1990-2002)
Dr. Fritzsche argues that our world is too "rational" and that the psychology of the unconscious, as developed by Jung, can be key to understanding responses to hazards and to resolving conflicts that arise in the political management of risks.
Some Lesson About The Law From Self-Referential Problems In Mathematics, John M. Rogers, Robert E. Molzon
Some Lesson About The Law From Self-Referential Problems In Mathematics, John M. Rogers, Robert E. Molzon
Michigan Law Review
We first describe briefly mathematician Kurt Gödel's brilliant Incompleteness Theorem of 1931, and explore some of its general implications. We then attempt to draw a parallel between axiomatic systems of number theory (or of logic in general) and systems of law, and defend the analogy against anticipated objections. Finally, we reach two types of conclusions. First, failure to distinguish between language and metalanguage in mathematical self-referential problems leads to fallacies that are highly analogous to certain legal fallacies. Second, and perhaps more significantly, Gödel's theorem strongly suggests that it is impossible to create a legal system that is "complete" in …
Proof In Law And Science, David H. Kaye
Proof In Law And Science, David H. Kaye
Journal Articles
This article addresses proof in both science and law. Both disciplines utilize proof of facts and proof of theories, but for different purposes and, consequently, in different ways. Some similarities exist, however, in how both disciplines use a series of premises followed by a conclusion to form an argument, and thus constitute a logic. This article analyzes the ways in which legal logic and scientific logic differ. Finding facts in law involves the same logic but quite different procedures than scientific fact-finding. Finding, or rather constructing, the law is also very different from scientific theorizing. But such differences do not …