Abstract

  


 



Undervaluing Indeterminacy: Translating Social Science into Law


Elizabeth Mertz


University of Wisconsin - Madison; American Bar Foundation
January 19, 2012

DePaul Law Review, Vol. 60, p. 397, 2011
Univ. of Wisconsin Legal Studies Research Paper No. 1183

Abstract:     
Drawing on concepts from linguistic anthropology, this Article analyzes the different linguistic "ideologies" that shape social scientific and legal discourse. Judges who draw on social science can make important mistakes if they do not recognize these differences. In particular, they may mistake statements of indeterminacy for admissions of inadequacy. To the contrary, often the best social science research is characterized by careful delineation of its limitations.

Number of Pages in PDF File: 28

Keywords: indeterminacy, empirical legal studies, social science and law

JEL Classification: K40

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Date posted: January 19, 2012  

Suggested Citation

Mertz, Elizabeth Ellen, Undervaluing Indeterminacy: Translating Social Science into Law (January 19, 2012). DePaul Law Review, Vol. 60, p. 397, 2011; Univ. of Wisconsin Legal Studies Research Paper No. 1183. Available at SSRN: http://ssrn.com/abstract=1988179

Contact Information

Elizabeth Ellen Mertz (Contact Author)
University of Wisconsin - Madison ( email )
716 Langdon Street
Madison, WI 53706-1481
United States
American Bar Foundation ( email )
750 N. Lake Shore Drive
Chicago, IL 60611
United States
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