Evidence matters : science, proof, and truth in the law / Susan Haack, University of Miami.
2014
K2261 .H32 2014 (Map It)
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Details
Author
Title
Evidence matters : science, proof, and truth in the law / Susan Haack, University of Miami.
Published
New York, NY : Cambridge University Press, 2014.
Call Number
K2261 .H32 2014
ISBN
9781107039964 (hardback)
1107039967 (hardback)
9781107698345 (paperback)
1107698340 (paperback)
1107039967 (hardback)
9781107698345 (paperback)
1107698340 (paperback)
Description
xxvi, 416 pages ; 24 cm.
System Control No.
(OCoLC)865180061
Summary
"Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? The dozen interdisciplinary essays collected here explore a whole nexus of such questions about science, proof, and truth in the law. With her characteristic clarity and verve, in these essays Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 349-379) and index.
Series
Record Appears in
Gift
Purchased from the income of the Silver Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Silver Fund
Table of Contents
Acknowledgments
xi
Introduction: A Pragmatist Perspective on Science, Proof, and Truth in the Law
xv
1.
Epistemology and the Law of Evidence: Problems and Projects
1
2.
Epistemology Legalized: Or, Truth, Justice, and the American Way
27
3.
Legal Probabilism: An Epistemological Dissent
47
4.
Irreconcilable Differences? The Troubled Marriage of Science and Law
78
5.
Trial and Error: Two Confusions in Daubert
104
6.
Federal Philosophy of Science: A Deconstruction--and a Reconstruction
122
7.
Peer Review and Publication: Lessons for Lawyers
156
8.
What's Wrong with Litigation-Driven Science?
180
9.
Proving Causation: The Weight of Combined Evidence
208
10.
Correlation and Causation: The "Bradford Hill Criteria" in Epidemiological, Legal, and Epistemological Perspective
239
11.
Risky Business: Statistical Proof of Specific Causation
264
12.
Nothing Fancy: Some Simple Truths about Truth in the Law
294
Cases Cited
325
Statutes, etc., Cited
345
Bibliography
349
Glossary
381
Index
391