Abstract
I. Introduction
II. The Language of Law ... A. Law has adopted a realist "but for" test for cause-in-fact ... B. Application of the but for test by a jury involves a realist folk paradigm of causation ... C. Application of the but for test by a judge involves a realist legal paradigm of causation
III. The Sociology of Science ... A. Realist accounts of the scientific enterprise prove inadequate ... B. Anti-realism provides a more accurate account of the scientific enterprise ... C. An anti-realist sociology of science consists of five elements ... 1. Scientists establish communities through "boundary work" ... 2. Scientific communities have rigid hierarchical structures ... 3. Scientific communities exist to produce inscriptions ... 4. The products of scientific communities are contingent upon communal commitments ... 5. The contingent products of scientific communities are reified
IV. The Troubles of Translation ... A. Scientific concepts must be translated into legal concepts ... B. Scientific homonyms' must be translated into legal terms ... C. Solving the troubles of translation: a modest proposal
V. Conclusion
Recommended Citation
Charles Kester,
The Language of Law, the Sociology of Science, and the Troubles of Translation: Defining the Proper Role for Scientific Evidence of Causation,
74 Neb. L. Rev.
(1995)
Available at: https://digitalcommons.unl.edu/nlr/vol74/iss3/5