Undervaluing Indeterminacy: Translating Social Science into Law

28 Pages Posted: 19 Jan 2012

See all articles by Elizabeth Mertz

Elizabeth Mertz

University of Wisconsin - Madison; American Bar Foundation

Date Written: January 19, 2012

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.

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

JEL Classification: K40

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: https://ssrn.com/abstract=1988179

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

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
139
Abstract Views
944
Rank
375,126
PlumX Metrics