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The Arts of Persuasion in Science and Law: Conflicting Norms in the Courtroom

Herbert M. Kritzer
University of Minnesota Law School

Law and Contemporary Problems, 2007
William Mitchell Legal Studies Research Paper No. 86

Abstract:
Much of the commentary about the Supreme Court's Daubert Trilogy focuses on the disconnect between contemporary understandings of science and the Court's apparent acceptance of a Popperian epistemology. This paper takes a somewhat different tact, considering differences in how persuasion is conducted in the courtroom and within the scientific community. These differences are analyzed along four dimensions: data sources, use of evidence, mindset, and goal of inquiry.

Keywords: expert testimony, Daubert

Accepted Paper Series

Date posted: October 25, 2007 ; Last revised: November 04, 2007

Suggested Citation

Kritzer, Herbert M., The Arts of Persuasion in Science and Law: Conflicting Norms in the Courtroom. Law and Contemporary Problems, 2007; William Mitchell Legal Studies Research Paper No. 86. Available at SSRN: http://ssrn.com/abstract=1024520

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Contact Information

Herbert M. Kritzer (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States