Legal Science vs. Science in Law

Scalpel & Quill, Vol. 6, No. 2, 1972

Legal Medicine Annual, Vol. 19, p. 369, 1972

Journal of Forensic Science, Vol. 17, p. 345, 1972

12 Pages Posted: 5 Jun 2009 Last revised: 29 Jun 2009

See all articles by Ruggero J. Aldisert

Ruggero J. Aldisert

United States Court of Appeals for the Third Circuit

Date Written: 1972

Abstract

Article adapated from remarks given to a scientific audience (the Academy of Forensic Science). Judge Aldisert suggests that there is science in the legal profession, just as there is measure, methodology, system and regularity to the discipline of the conventionally scientific professions, physical or social. But, legal science describes a reasoned body of principles for the administration of justice; a body of principles, not a compilation of detailed rules or a compendium of regulations. While legal science does form some parameters -- some limitation on the part of judges to decide cases other than by whim, caprice, or personal inclunation -- the symmetry of law should represent only a means to an end. Although it is desireable that there be a certain degree of scientific law, law must not degenerate into mechanical jurisprudence, wherein the quality of the law is determined by the niceties of its internal structure rather than by the results it acheives.

Keywords: law, science, judicial process, forensic science, legal forensics, science in law, legal science, Aldisert, forensics

Suggested Citation

Aldisert, Ruggero J., Legal Science vs. Science in Law (1972). Scalpel & Quill, Vol. 6, No. 2, 1972, Legal Medicine Annual, Vol. 19, p. 369, 1972, Journal of Forensic Science, Vol. 17, p. 345, 1972, Available at SSRN: https://ssrn.com/abstract=1413326

Ruggero J. Aldisert (Contact Author)

United States Court of Appeals for the Third Circuit ( email )

601 Market Street
Philadelphia, PA
United States

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