Read e-book online Laws of Men and Laws of Nature: The History of Scientific PDF

Rules Procedures

By Tal Golan

ISBN-10: 0674012860

ISBN-13: 9780674012868

ISBN-10: 0674025806

ISBN-13: 9780674025806

Are medical specialist witnesses partisans, or spokesmen for aim technology? This ambiguity has afflicted the kinfolk among scientists and the felony approach for greater than 2 hundred years. glossy specialist testimony first seemed within the past due eighteenth century, and whereas its use gradually elevated in the course of the 19th century, in instances concerning every thing from patents to X-rays, the honour paid to it gradually declined, in and out of the court docket. With deep studying and wry humor, Tal Golan tells tales of court drama and confusion and media jeering on each side of the Atlantic, until eventually the beginning of the twenty-first century, because the courts nonetheless look for ways in which will let them distinguish among sturdy and undesirable technology. (20040828)

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Extra resources for Laws of Men and Laws of Nature: The History of Scientific Expert Testimony in England and America

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Unquestionably the first of all sciences, as it nurses and supports the rest," this science was practiced by a highly influential group of landlords and sponsored by such luminaries as Sir Joseph Banks, president of the Royal Society, and "Farmer George," King of 32 LAWS OF MEN AND LAWS OF NATURE England. 59 Another science was practiced by the commissioners' experts-Hodskinson, Grundy, Hogard, and Nickalls. " Unlike Mylne and Smeaton, however, they were practical men of science, skilled practitioners, who concerned themselves with the observable and the measurable alone.

However, within the context of the medieval community-based proceedings, such constraints had little, if any, meaning, and hearsay testimony was received without question. Objections to hearsay evidence started to grow in number during the sixteenth and seventeenth centuries as the legal fact-finding procedures turned increasingly public. 74 Still, well into the eighteenth century, the court was content with allowing such objections to go to the weight of the testimony rather than to its admissibility.

This was a hasty speculation that was seized upon after the trial by the commissioners to undermine his credibility. It could be proved, the commissioners maintained, that the western and northern tides acted in contrary directions and moved away from, not toward, Wells Harbor; thus, they could not have possibly affected the harbor. 50 Folkes' lawyers preferred, therefore, not to rely on Mylne for the second trial, where cross-examination concerning his previous testimony could severely undermine his credibility and their case.

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Laws of Men and Laws of Nature: The History of Scientific Expert Testimony in England and America by Tal Golan

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