Of truth, in science and in law
Brooklyn Law Review 73 (2) (2008)
| Abstract | Abstract: This paper responds to the question posed in the announcement of the conference at Brooklyn Law School at which it was presented: if and how [the inquiry into the reliability of proffered scientific testimony mandated by Daubert] relates to 'truth,' and whose view of the truth should prevail. The first step is to sketch the legal history leading up to Daubert, and to explore some of the difficulties Daubert brought in its wake; the next, to develop an account of truth in the sciences that combines a full acknowledgment of the fallibility and incompleteness of the scientific enterprise with a robustly objective conception of truth - which helps us understand why the legal system often gets less than the best out of science; and finally, exploring the concept of legal truth, to show how false scientific clams sometimes get entrenched as legally reliable. | |||||||||
| Keywords | Science Truth Law | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,653 |
| External links |
  Try with proxy. |
| Through your library | Configure |
Similar books and articlesRobert S. Summers (1999). Formal Legal Truth and Substantive Truth in Judicial Fact-Finding -- Their Justified Divergence in Some Particular Cases. Law and Philosophy 18 (5):497 - 511.
S. R. (1999). Formal Legal Truth and Substantive Truth in Judicial Fact-Finding -- Their Justified Divergence in Some Particular Cases. Law and Philosophy 18 (5):497-511.
Susan Haack (2008). The Whole Truth and Nothing but the Truth. Midwest Studies in Philosophy 32 (1):20-35.
Kurt Pritzl (ed.) (2010). Truth: Studies of a Robust Presence. Catholic University of America Press.
Dennis M. Patterson (1996). Law and Truth. Oxford University Press.
Joan E. Bertin & Mary S. Henifin (1994). Science, Law, and the Search for Truth in the Courtroom: Lessons From Daubert V. Merrell Dow. Journal of Law, Medicine and Ethics 22 (1):6-20.
Susan Haack (2004). Epistemology Legalized: Or, Truth, Justice, and the American Way. American Journal of Jurisprudence 49:43-61.
Brian Bix (2010). Will Versus Reason: Truth in Natural Law, Positive Law, and Legal Theory. In Kurt Pritzl (ed.), Truth: Studies of a Robust Presence. Catholic University of America Press.
Analytics
Monthly downloads |
Added to index2009-01-28Total downloads49 ( #21,706 of 548,984 )Recent downloads (6 months)2 ( #37,320 of 548,984 )How can I increase my downloads? |
My notes
Discussion
