David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Law and Contemporary Problems 72 (1) (2009)
Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes virtually the entire market for certain fields of forensic science and for certain psychiatric specialties. Because of its adversarial character, the law tends to draw in scientists who are more willing than most to give an opinion on less-than-overwhelming evidence; and the more often such a witness testifies, the more unbudgeably confident he may become in his opinion. Legal rules can make it impossible to bring potentially useful scientific information to light, and the legal penchant for “indicia” and the like can transform scientific subtleties into legal shibboleths. And because of its concern for precedent, and the desideratum of finality, the law sometimes lags behind scientific advances.
|Keywords||Science and the law|
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Citations of this work BETA
Susan Haack (2012). The Embedded Epistemologist: Dispatches From the Legal Front. Ratio Juris 25 (2):206-235.
Paul Roberts (2013). Renegotiating Forensic Cultures: Between Law, Science and Criminal Justice. Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 44 (1):47-59.
Colleen Murphy & Paolo Gardoni (2011). Evaluating the Source of the Risks Associated with Natural Events. Res Publica 17 (2):125-140.
Susan Haack (2008). The Pluralistic Universe of Law: Towards a Neo-Classical Legal Pragmatism. Ratio Juris 21 (4):453-480.
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