But what I dislike more is the mentality you see more and more on the line and on these forums where people are afraid to take a safe informed decision, just because that decision might be scrutinized in some imaginary court case should things go wrong.
Exactly this. There seems to be a perception that we can, as captains, take sensible, well informed, objectively reasonable decisions and still be hung out to dry "at the subsequent board of enquiry" if something goes wrong. I would respectfully submit that this is bollocks. As long as the decisions you take are objectively reasonable, and according to the SOPs of the company you work for, you're covered. (At least in countries with first world legal systems).