Abstract
This chapter identifies two opposing trends—reverse trajectories—over the past 25 years: one in legal contexts with respect to admissibility of scientific expertise and the other in the sub-discipline of sociology known as the sociology of science (or simply “science studies”). As to law, the chapter argues there has been a shift, or trend, away from an idealistic view of science (observed in the now-famous Daubert case) to skepticism of science. This shift in law, with respect to how science is viewed or theorized, is the opposite of what has developed in science studies, insofar as a field of inquiry that was based upon a skeptical view of science (emphasizing its social aspects) is now setting standards for expertise—the third wave of science studies introduces a normative orientation even as it acknowledges the second-wave social contexts of science.
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Notes
- 1.
Sociologist Robert K. Merton was known for articulating four “norms” that ensure good science, namely “communism” (by which he meant collective availability of knowledge), universalism, disinterestedness, and scrutiny through organized skepticism (Cole 2010, 441; Merton 1949). By the 1970s, Merton’s norms were seen as an idealization of science by most science studies scholars, since
Merton’s norms appear to function more as ideals to which to aspire than as determinants of actual behavior. Indeed, one particularly well-known empirical study of a set of actual (normal, respectable, non-deviant) scientists involved in a scientific controversy found that, rather than behaving according to Merton’s norms, they behaved in precisely the opposite fashion…. (Cole 2010, 443; Mitroff 1974, 587–589)
Later in this chapter, I refer to Merton’s influence as “Wave One,” or the first wave of science studies—the second wave is the relativistic approach which I am identifying as dominant in science studies around 1993.
- 2.
The quote is actually a reference to what Alan Sokol “seemed to argue” in an article (Sokol 1996a) which was published before the editors of Social Text realized it was a parody of science studies—it was a hoax that Sokol immediately revealed in another article (Sokol 1996b) arguing that cultural studies scholars could not tell the difference between scholarship and nonsense.
- 3.
Goodstein believes that the Court made a “respectable stab at showing” how to recognize real science, and that the Court “emerged with at least their dignity intact” (Goodstein 2000, 79, 82), but others might disagree.
- 4.
Sheila Jasanoff (1992) had made that same argument just prior toDaubert, but I do not believe very many judges or lawyers paid attention to her “brief” on behalf of science studies.
- 5.
However, I offered an account (Caudill 2009, 27–29) of the Cindy Sommers prosecution, in San Diego, for arsenic poisoning, which case was later dismissed due to faulty toxicological tests.
- 6.
The title Laboratory Life: The Social Construction of Scientific Facts (1979) was changed in 1986, in the second edition, to remove the word “social,” which removal suggests a shift toward non-human actors, perhaps a turn to naturalism or at least co-production.
- 7.
“We have [been] and will be said to be putting forward a pro-science view redolent of the 1950s,” as we have “a preference for the norms and culture of evidence-based scientific argument” (Collins and Evans 2007, 10–11).
References
Berreby, David. 1994. …That Damned Elusive Bruno Latour. Lingua Franca, September/October.
Callon, Michel. 2002. From Science as an Economic Activity to Socioeconomics of Scientific Research. In Science Bought and Sold, ed. Philip Mirowski and Esther-Mirjam Sent. Chicago: University of Chicago Press.
Callon, Michel, and Bruno Latour. 1992. Don’t Throw the Baby Out with the Bath School: A Reply to Collins and Yearley. In Science as Practice and Culture, ed. Andrew Pickering. Chicago: University of Chicago Press.
Caudill, David S. 2009. Arsenic and Old Chemistry: Images of Mad Alchemists, Experts Attacking Experts, and the Crisis in Forensic Science. Boston University Journal of Science & Technology 15: 1–33.
Caudill, David S., and L.H. LaRue. 2006. No Magic Wand: The Idealization of Science in Law. Lanham, MD: Rowman & Littlefield.
Cole, Simon A. 2010. Acculturating Forensic Science: What Is ‘Scientific Culture,’ and How Can Forensic Science Adopt It? Fordham Urban Law Journal 38: 435–472.
Collins, H.M., and Robert Evans. 2002. The Third Wave of Science Studies: Studies of Expertise and Experience. Social Studies of Science 32 (2): 235–296.
———. 2007. Rethinking Expertise. Chicago: University of Chicago Press.
Daubert v. Merrell Dow Pharmaceuticals On Remand, 43 F.3d 1311 (9th Cir. 1995).
Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).
Edwards, Harry T. 2010. The National Academy of Sciences Report on Forensic Sciences: What It Means for the Bench and Bar (Presentation at the Superior Court of the District of Columbia, Conference on the Role of the Court in an Age of Developing Science and Technology, Washington, DC, May 6, 2010). https://www.cadc.uscourts.gov/internet/home.nsf/AttachmentsByTitle/NAS+Report+on+Forensic+Science/$FILE/Edwards,+The+NAS+Report+on+Forensic+Science.pdf.
Fuller, Steve. 1999. Why Science Studies Has Never Been Critical of Science: Some Recent Lessons on How to Be a Helpful Nuisance and a Harmless Radical. Philosophy of Social Science 30: 5–32.
Goodstein, David. 2000. How Science Works. In Reference Manual on Scientific Evidence. Washington, DC: Federal Judicial Center.
Goodstein, David, and James Woodward. 1999. Inside Science. American Scholar 68: 83–90.
Haack, Susan. 2008. Putting Philosophy to Work: Inquiry and Its Place in Culture—Essays on Science, Religion, Law, Literature, and Life. Amherst, NY: Prometheus Books.
Jasanoff, Sheila. 1992. What Judges Should Know About the Sociology of Science. Jurimetrics Journal 32: 345–359.
Kennedy, Donald, and Richard A. Merrill. Fall 2003. Assessing Forensic Science. Issues in Science and Technology. http://www.issues.org/20.1/kennedy.html.
Krimsky, Sheldon. 2013. Do Financial Conflicts of Interest Bias Research? An Inquiry into the ‘Funding Effect’ Hypothesis. Science, Technology & Human Values 38 (4): 566–587.
Labinger, Jay A., and Harry Collins. 2001. Introduction. In The One Culture? A Conversation About Science, ed. J.A. Labinger and H. Collins. Chicago: University of Chicago Press.
Latour, Bruno. 1993. We Have Never Been Modern. Translated by C. Porter. Cambridge, MA: Harvard University Press.
———. 2004. Why Has Critique Run Out of Steam? From Matters of Fact to Matters of Concern. Critical Inquiry 30: 225–248.
Latour, Bruno, and Steve Woolgar. 1979. Laboratory Life: The Social Construction of Scientific Facts. Los Angeles: Sage; title changed in 1986, in the Second Edition (Princeton, NJ: Princeton University Press), to remove the word “Social” in the title.
Lentini, John J. 2006. The Mythology of Arson Investigation. In Scientific Protocols for Fire Investigation. New York: CRC Press. http://firescientist.com/Documents/The%20Mythology%20of%20Arson%20Investigation.pdf.
McGarrity, Thomas O., and Wendy E. Wagner. 2008. Bending Science: How Special Interests Corrupt Public Health Research. Cambridge, MA: Harvard University Press.
Merton, Robert K. 1949. Social Theory and Social Structure: Toward the Codification of Theory and Research. New York: The Free Press, Simon & Schuster.
Mitroff, Ian I. 1974. Norms and Counter-Norms in a Select Group of the Apollo Moon Scientists: A Case Study of the Ambivalence of Scientists. American Sociological Review 39: 579–595.
Nat’l Res. Council. 2009. Strengthening Forensic Science in the United States: A Path Forward. Washington, DC: National Academy of Science.
Pressman, Mark, and David S. Caudill. 2013. Alcohol-Induced Blackout as a Criminal Defense of Mitigating Factor: An Evidence-Based Review and Admissibility as Scientific Evidence. Journal of Forensic Science 58 (4): 932–940.
Risinger, Michael D. 2007. The Irrelevance, and Central Relevance, of the Boundary Between Science and Non-Science in the Evaluation of Expert Witness Reliability. Villanova Law Review 52: 679–722.
Sokol, Alan D. 1996a. Transgressing the Boundaries: Toward a Transformative Hermeneutics of Quantum Gravity. Social Text 46/47: 217–252.
———. 1996b. A Physicist Experiments with Cultural Studies. Lingua Franca, May/June.
Wynne, Brian. 1989. Sheep Farming After Chernobyl: A Case Study in Communicating Scientific Information. Environment Science and Policy for Sustainable Development 31 (2): 10–39.
———. 1996a. May the Sheep Safely Graze? A Reflexive View of the Expert-Lay Knowledge Divide. In Risk, Environment and Modernity, ed. Scott Lash, Bronislaw Szerszynski, and Brian Wynne. London: Sage.
———. 1996b. Misunderstood Misunderstandings: Social Identities and Public Uptake of Science. In Misunderstanding Science? The Public Reconstruction of Science and Technology, ed. Alan Irvin and Brian Wynne. Cambridge: Cambridge University Press.
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Caudill, D.S. (2019). Twenty-Five Years of Opposing Trends: The Demystification of Science in Law, and the Waning Relativism in the Sociology of Science. In: Caudill, D.S., Conley, S.N., Gorman, M.E., Weinel, M. (eds) The Third Wave in Science and Technology Studies. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-14335-0_2
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