ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Legal Theory Blog

Haack on Popper's Philosophy of Science & Daubert

By Lawrence Solum

ADVERTISEMENTS

Susan Haack (University of Miami - School of Law) has posted Federal Philosophy of Science: A Deconstruction - And a Reconstruction (New York University Journal of Law and Liberty, Vol. 5, No. 2, p. 394, 2010) on SSRN. Here is the abstract:

    When they feel the need to distinguish genuine science from pretenders, or to understand what is distinctive about the scientific method, U.S. courts have sometimes called on Karl Popper's philosophy of science. Focusing on the cases involving the admissibility of expert testimony, this paper (i) presents Popper's philosophy of science in enough detail to show that it can't possibly provide a criterion of the reliability of scientific testimony; (ii) spells out how Justice Blackmun misconstructed Popper's ideas, and identifies some sources of this misunderstanding in the amicus briefs in Daubert and in the then-recent literature, as well as in Popper himself; (iii) looks at what federal courts have made of Justice Blackmun's allusions to Popper as Daubert has played out in subsequent rulings, revealing that courts, and legal scholars, have continued to misunderstand how radical Popper's ideas really are, and most importantly, how unsuitable for their purposes; and concludes with an argument that the justice system's concern with reliability is both legally essential and philosophically legitimate, and that - ironically enough - the misinterpretation many courts have given the first, quasi-Popperian Daubert factor is closer to the truth than the Popperian philosophy of science from which it ostensibly derives.

Full post as published by Legal Theory Blog on October 14, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.01 secs (from cache 11/03/26 13:16:55)