Harry Sanderson (Brasenose College Oxford) has posted Postmodernism and Judicial Notice: How Common Is Common Knowledge? (Alternative Law Journal 2021) on SSRN. Here is the abstract:
This article considers how postmodernist thought can illuminate the doctrine of judicial notice. Specifically, it considers how postmodernist critiques of empiricism have challenged the idea of ‘indisputable’ facts which inform judicial decision-making. It argues that, while the practical realities of judicial administration must be borne in mind, increased sensitivity to the arbitrary nature of notorious facts will lead to more accountable decision-making.
