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Interesting comments on Daubert from The Stanford Encyclopedia of Philosophy

6.3 Scientific method in the courtroom

Philosophical positions on the scientific method have also made it into the court room, especially in the US where judges have drawn on philosophy of science in deciding when to confer special status to scientific expert testimony. A key case is Daubert vs Merrell Dow Pharmaceuticals (92-102, 509 U.S. 579, 1993). In this case, the Supreme Court argued in its 1993 ruling that trial judges must ensure that expert testimony is reliable, and that in doing this the court must look at the expert’s methodology to determine whether the proffered evidence is actually scientific knowledge. Further, referring to works of Popper and Hempel the court stated that

ordinarily, a key question to be answered in determining whether a theory or technique is scientific knowledge … is whether it can be (and has been) tested. (Justice Blackmun, Daubert v. Merrell Dow Pharmaceuticals; see Other Internet Resources for a link to the opinion)

But as argued by Haack (2005a,b, 2010) and by Foster & Hubner (1999), by equating the question of whether a piece of testimony is reliable with the question whether it is scientific as indicated by a special methodology, the court was producing an inconsistent mixture of Popper’s and Hempel’s philosophies, and this has later led to considerable confusion in subsequent case rulings that drew on the Daubert case (see Haack 2010 for a detailed exposition).