David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Brooklyn Law Review 73 (2) (2008)
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||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
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.
Douglas Walton & Nanning Zhang (2013). The Epistemology of Scientific Evidence. Artificial Intelligence and Law 21 (2):173-219.
Similar books and articles
Robert 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 & Ethics 22 (1):6-20.
Susan Haack (2004). Epistemology Legalized: Or, Truth, Justice, and the American Way. American Journal of Jurisprudence 49 (1):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
Added to index2009-01-28
Total downloads65 ( #50,416 of 1,725,304 )
Recent downloads (6 months)3 ( #210,899 of 1,725,304 )
How can I increase my downloads?