LAWS 1000 Lecture Notes - Lecture 7: Agnosticism, Psychopathy, Exclusionary Rule
Document Summary
Both law and science are methods of truth production: adversarial-> kind of truth, science-> a way of producing what we think the world is using scientific methods. What science can do and should do vs. what the law can do and should do. Law can change science and science can change law: ex: patents, tort law. Bad science can lead to bad law: the use of fringed scientific knowledge can make or break an argument in the courtroom. Long history of science used in the courtroom. Black"s styles of law (there are 4 but we"re only focusing on 2: adjudication: more about right and wrong" or guilt, therapeutic: focus on social stability and the welfare of the parties. Idea of curing the patient not punishing them: criticism: Having the court more involved in the therapeutic court, is a problem because the court is much more involved in the person"s life.