THE ARTS OF PERSUASION IN SCIENCE AND LAW: CONFLICTING NORMS IN THE COURTROOM

Epistemology is important in the debate about science and technology in the courtroom. The epistemological issues and the arguments about them in the context of scientific and technical evidence are now well developed. Of equal importance, though, is an understanding of norms of persuasion and how t...

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Bibliographic Details
Published in:Law and contemporary problems 2009-01, Vol.72 (1), p.41-61
Main Author: Kritzer, Herbert M.
Format: Article
Language:English
Subjects:
Attorneys
Courtrooms
Courts
Decision making
Defendants
Empirical evidence
Epistemology
Evidence
Evidence, Expert
Evidence, Scientific
Judges
Juries
Law
Laws, regulations and rules
Legal evidence
Legal systems
Norms
Persuasion
Persuasion (Rhetoric)
Plaintiffs
Science
Trials
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Summary:Epistemology is important in the debate about science and technology in the courtroom. The epistemological issues and the arguments about them in the context of scientific and technical evidence are now well developed. Of equal importance, though, is an understanding of norms of persuasion and how those norms may differ across disciplines and groups. Norms of persuasion in the courtroom and in legal briefs differ from norms at a scientific conference and in scientific journals. Here, Kritzer examines the disconnect between science and the courtroom in terms of the differing norms of persuasion found within the scientific community and within the legal community.
ISSN:0023-9186
1945-2322