Undervaluing Indeterminacy: Translating Social Science into Law
28 Pages Posted: 19 Jan 2012
Date Written: January 19, 2012
Abstract
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.
Keywords: indeterminacy, empirical legal studies, social science and law
JEL Classification: K40
Suggested Citation: Suggested Citation
Mertz, Elizabeth Ellen, Undervaluing Indeterminacy: Translating Social Science into Law (January 19, 2012). DePaul Law Review, Vol. 60, p. 397, 2011, Univ. of Wisconsin Legal Studies Research Paper No. 1183, Available at SSRN: https://ssrn.com/abstract=1988179
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