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

25 Pages Posted: 25 Oct 2007 Last revised: 27 May 2014

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

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: https://ssrn.com/abstract=1024520

Herbert M. Kritzer (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

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