| Title |
: The Gatekeeper’s Dilemma: The Changing Relationship between Science and Law after the Introduction of the Daubert Standard |
| Date |
: 2015. 6. |
| Journal title |
: Journal of Science and Technology Studies |
| Author |
: Kim, Sungeun and Park, Buhm Soon |
| Contact us |
: csts@khu.ac.kr |
| Abstract |
: The 1993 U.S. Supreme Court decision on Daubert v. Merrel Dow Chemical, Inc. has changed the ways in which scientific evidence is evaluated for legal purposes. A new set of guidelines, called thereafter the Daubert Standard, that was intended to increase the judge's authority in determining the admissibility of scientific evidence in the court, turns out to have increased the burden of proof on the part of plaintiffs and have also considerably influenced the outcome of policy decisions in the regulatory areas. This paper analyzes the changes made in the relationship between science and law after the introduction of the Daubert Standard, examining the epistemological differences between its proponents and opponents. The judge's dilemma as a gatekeeper, this paper argues, is not simply that of an 'amateur scientist' seeking to learn and practice scientific knowledge per se. Rather, the dilemma ought to be that of an 'legal expert,' faithful to ethos of social justice without succumbing to the practical convenience of the Daubert Standard. This paper also suggests that there is much room for STS scholars to make contributions to the use of science in legal settings by conducting in-depth studies on court cases in the broad social and political context.
Click the following link for downloading the article: https://www.kci.go.kr/kciportal/ci/sereArticleSearch/ciSereArtiView.kci?sereArticleSearchBean.artiId=ART002012884 |
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