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Legal vs. scientific "truth" | 400 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Legal vs. scientific "truth"
Authored by: PJ on Saturday, May 12 2012 @ 11:46 AM EDT
Working for a percentage gives the lawyer an
incentive to work hard for people with no
money to pay them otherwise.

[ Reply to This | Parent | # ]

Legal vs. scientific "truth"
Authored by: Anonymous on Sunday, May 13 2012 @ 12:46 AM EDT
The intellectual divide between lawyers and scientists goes all the way to very basic conceptions of truth and "proof". And it's not just these professions - most other fields fall onto one side or the other of this fence. It is all about whether one looks at an issue as something to be described objectively, or something to be argued one way or the other.

The most obvious example of these different attitudes towards truth that I have met was something I heard in a radio debate. A court case in the UK had found a woman innocent of murder on the basis of temporary insanity caused by PMS (Apparently some women get it a lot worse than others - men watch out!) Anyway the radio station had hooked up two experts, to discuss the matter; a neurologist with research expertise in the effect of hormones on brain function, and a university professor of womens studies.

What ensued was almost hilarious and very illuminating. The two women talked completely past each other in a case of total mutual incomprehension. The Neurologist was all about neurotransmitters and chemistry and experiments into the functioning of the brain. And the women's studies professor was talking how it COULDN'T be the case that PMS could make a woman insane enough to commit murder BECAUSE this could be used an an argument to disqualify women from positions of responsibility.

I think that is when I first woke up to the fashion in which politics is used in some arts subjects like an axiomatic system. You argue that things are a certain way because POLITICALLY they HAVE to be that way. I can't understand this way of thinking myself. I'm with the neurologist. I tend to think there is a reality which is absolute and which does not bow to ephemera like human politics. I find it hard to understand people who think the other way. But I know they exist.

[ Reply to This | Parent | # ]

Legal vs. scientific "truth"
Authored by: Anonymous on Sunday, May 13 2012 @ 03:34 AM EDT
It seems to me that you're simply venting, which is OK. This is a very
frustrating kind of case to observe.

However, because of that I think that you have badly misrepresented what both
scientists and lawyers do. Also, you presume to generalize about how two very
broad classes of people think about something that's very ill-defined, even in
the sciences (that would be "truth").

Since you seem to include yourself in the class of scientists, you can probably
talk about how one scientist goes about his or her business, and anecdotally you
can probably talk about some others, perhaps even a large group of others.
Anecdotally speaking, my "scientist" friends (and myself) would
probably disagree with you very strongly about the nature of "truth"
and whether objectivity (being a disinterested third party) is even remotely
possible.

I suspect you don't know (m)any lawyers, and if you do know some you probably
don't know them very well. Even if you do, you're generalizing about a diverse
profession based on a very small group within that profession (litigators). If
you were a good scientist, by your own account, you would have attempted to
avoid bias (by talking to a large group of lawyers with different kinds of
practices, for starters).

That being said, you are also comparing two systems of behaviour that have very
different aims: one seeks to measure, understand, and find repeatability in the
phenomena of observations in the human mind. The other seeks to prevent or
resolve disputes (according to a very vague and constantly changing but usually
a bit behind the times system of ethics (or morality, if you prefer)) between
persons or classes of persons in order to help them live together without
harming each other too much.

Those are my observations, at any rate. I hope you find them useful, and I hope
you're feeling better now that you've gotten that off your chest. :)

[ Reply to This | Parent | # ]

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