“Discovery” in Practical Problem-Solving

Abstract

Not only does decision-making in medicine and law involve theoretical problem-solving, it also involves practical problem-solving. Physicians and judges both ask practical questions such as “What is to be done?” “What can I do about the patient’s stomach ulcer?” and “What can I do with the guilty person?” However, these are only the most obvious examples. Practical questions occur throughout the decision-making process. Practical questions demand the emergence of practical insights which are formulated as proposed courses of action. The doctor’s options could include prescribing drugs, performing surgery, or advising a special diet. The judge’s options could include probation, a suspended sentence, or a term in jail. A judge faced with the problem of judging whether parents, who suffer from post-traumatic stress syndrome after watching their children physically injured on television, can recover for nervous shock has two options — either to award the parents damages for nervous shock or not to award them damages.