Decision theory and standards of proof

Conclusion What is important about Kaplan's thesis is not whether his model succeeds in particular applications and in its present form, but that it indicates a method for analyzing the legal system which could improve it. This is not inconsistent with the lesson to be learned from Tribe.What is important in Tribe's position is the realization that the possible consequences of changing long-established and deeply entrenched social institutions should not be taken lightly. At the same time, avoiding problems by formulating principles vaguely enough that conflicts are simply not apparent is in no sense a solution. The lesson to be learned is not halt, but proceed with caution.