Legal Scholarship, Microcomputers, and Super-Optimizing Decision-Making

ISBN-13: 9780899304441 / Angielski / Twarda / 1993 / 232 str.

Stuart S. Nagel

Opis

An exciting aspect of contemporary legal scholarship is a concern for law from a global perspective across all legal fields. The book draws upon examples from North America, Western Europe, Africa, Asia, Eastern Europe, and Latin America. It refers to the basic private law fields of torts, property, contracts, and family law. It also refers to the basic public law fields of constitutional law, administrative law, criminal law, and international law. It analyzes diverse legal policy problems from a perspective that is designed to produce solutions whereby conservatives, liberals, and other major viewpoints can all come out ahead of their best initial expectations simultaneously. Such solutions can be considered an important part of an innovative concept of justice that emphasizes being effective, efficient, and equitable simultaneously, rather than compromising on any of those justice components.

Another exciting aspect of contemporary legal scholarship is a concern for the use of modern technology in the form of microcomputer software that can be helpful in law teaching, practice, and research. Computer-aided instruction can supplement the case method by using what-if analysis to make changes in the goals to be achieved, alternative decisions available for achieving them, the factual relations, and other inputs to see how the decisions might change with changes in those inputs. Computer-aided law practice can be helpful in counseling, negotiation, mediation, case analysis, legal policy evaluation, and advocacy. Computer-aided research can be helpful in testing deductive or statistical models to determine how well they can explain variance across the judicial process or other legal processes.