Undervaluing Indeterminacy: Translating Social Science into Law
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
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: K40Accepted Paper Series
Date posted: January 19, 2012
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