Inquiry and Advocacy, Fallibilism and Finality: Culture and Inference in Science and the Law

Law, Probability and Risk, Vol. 2, pp. 205-214, 2003

University of Miami Legal Studies Research Paper No. 2011-13

11 Pages Posted: 20 Apr 2011 Last revised: 8 Aug 2011

See all articles by Susan Haack

Susan Haack

University of Miami - School of Law; University of Miami - Department of Philosophy

Multiple version iconThere are 2 versions of this paper

Date Written: 2003

Abstract

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.

Suggested Citation

Haack, Susan, Inquiry and Advocacy, Fallibilism and Finality: Culture and Inference in Science and the Law (2003). Law, Probability and Risk, Vol. 2, pp. 205-214, 2003; University of Miami Legal Studies Research Paper No. 2011-13. Available at SSRN: https://ssrn.com/abstract=1815250

Susan Haack (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States
305-284-3541 (Phone)
305-284-6506 (Fax)

University of Miami - Department of Philosophy ( email )

P.O. Box 248054
Coral Gables, FL 33124-4670
United States

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