Inquiry and Advocacy, Fallibilism and Finality: Culture and Inference in Science and the Law
Law, Probability and Risk, Vol. 2, pp. 205-214, 2003
11 Pages Posted: 20 Apr 2011 Last revised: 8 Aug 2011
Date Written: 2003
Reflecting on the interactions of science and the law - on those constitutional cases over creationism in science classes, for example, or on legal wranglings over whether ancient human remains must be given for burial to the Native American tribes who claim them, or may be investigated by scientists to determine their origin; and, especially, on the difficulties the legal system has encountered in handling scientific testimony - you soon begin to suspect that there are deep and consequential tensions between science and the law. Peter Schuck alludes to these tensions when he describes the interactions of the law with science and with politics as a kind of "multiculturalism," and Steven Goldberg when he writes of the "culture clash" of law and science in America.
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