“First year students soon learn that the law must deal with uncertainty – imperfect knowledge about the past, present, or future. What level of precaution is required by the duty of reasonable care when engaging in behavior that might or might not cause a harm? How should regulators deal with a new technology (eg, genetically modified organisms when they were first introduced) when the possible harms (and benefits) are speculative? What should a jury do when conflicting evidence makes it uncertain whether a defendant is innocent or guilty? What should a judge do when crucial evidence has been destroyed and we cannot know which side it would have (decisively) favored? …” (more)
[Lawrence Solum, Legal Theory Blog, 29 May]
First posted 2022-05-30 14:30:59
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