SCIENCE AND LEGAL THINKING

IT MUST BE RECOGNIZED THAT SCIENCE AND CONTEMPORARY LAW ARE SEPARATE DISCIPLINES, WHICH HAVE HAD RELATIVELY LITTLE INFLUENCE ON ONE ANOTHER. THE CLASSIFICATION OF FACTS, THE RECOGNITION OF THEIR SEQUENCE AND RELATIVE SIGNIFICANCE IS THE FUNCTION FOR SCIENCE, AND THE FORMATION OF A JUDGEMENT BASED UPON THESE FACTS UNBIASED BY PERSONAL FEELING IS ONE DEFINITION OF THE SCIENTIFIC FRAME OF MIND. SCIENCE OFFERS NEITHER ULTIMATE NOR CERTAIN ANSWERS TO LEGAL PROBLEMS. SCIENCE DOES NOT ASSIGN SOCIAL OR ETHICAL VALUES. THE DATA OF SCIENCE ARE STATED IN STATISTICAL TERMS AND PROBABILITIES, AND ABSOLUTES OR CERTAINITIES ARE, IF NOTHING ELSE, UNSCIENTIFIC. ON THE OTHER HAND, SCIENCE DOES NOW OFFER THE LAWYER, WITH NEW WONDERS OF ELECTRONICS AND DATA PROCESSING, ADDITIONAL TOOLS. HOWEVER, THE LEGAL PROFESSION MUST FIRST DEVELOP AN EFFECTIVE VOCABULARLY, TAXONOMY, AND LOGIC TO FULLY UTILIZE THESE NEW INSTRUMENTS. THE SKILL IN USING THE TOOLS THAT MAN HAS DEVELOPED CONSTITUTES MAN'S GREATEST ACHIEVEMENT.

  • Supplemental Notes:
    • Vol 25, No 2, PP 153-166
  • Authors:
    • Loevinger, L
  • Publication Date: 1965

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  • Accession Number: 00238416
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jan 16 1994 12:00AM