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Truth in questionIn a world where corruption of thoughts and deeds seems to be on the increase, the learned professions, as well as those less learned, are coming under more and more scathing criticism from ordinary people. The scandals that hit the headlines from time to time do nothing to ease this sorry situation. In 1625 Francis Bacon commented in his essay 'Of truth': "What is truth? said jesting Pilate; and would not stay for an answer." And three centuries later the playwright and diplomat Jean Giraudou made the cynical comment in his 'La Guerre de Troie n'aura pas lieue' (1935): "No poet ever interpreted nature as freely as a lawyer interprets the truth. " Recently (PJ, 1 June, p778) I referred to the argument put forward by a United States district judge that since fingerprint identification is subject to error in interpretation it does not meet the criteria for sound evidence in a criminal trial. This is an example of the failure of lawyers and scientists to determine within their respective fields of expertise what is truth and what is not. The question whether science means different things to scientists and lawyers was taken up by David Faigman, a professor of law in the university of California, in Science for 19 July. He pointed out that in the case at issue the judge utterly failed to appreciate the culture attending scientific testing of hypotheses. Science does not exist in an agreed textbook passed by a committee. It is "a process or method by which factual statements or predictions about the world are devised, tested, evaluated, revised, replaced, rejected, or accepted." The legal question is how much and what kind of testing should be necessary to justify its acceptance as evidence. Faigman comments: "Most judges and lawyers have little creativity when it comes to conceptualising how certain empirical statements might be examined ... If lawyers and judges are going to improve their comprehension of these and other subjects, bridges must be built between the legal and scientific communities." The immediate problem in achieving this is that the two disciplines start from different platforms. Positive law is a system of rules and penalties laid down either by common usage or by authoritative decree. It need not be based on logic. Legal systems are natural, logical, moral or cultural in substance, but legal thinking is inherently subjective, whereas scientific thinking aims to be essentially objective and need have no social impact. Neither need be dependent on moral considerations. It is important to realise that science is based upon phenomena that may be observed directly or inferred from other observations. It was Isaac Newton who considered that if phenomena were collected and compared they would lead to a concept of natural law, something with which we tamper at our imminent peril. Later philosophers of science have argued that many things too small or too remote for direct observation can nevertheless be established by inference. Hence the corpus of scientific philosophy. Inferences, however, must be verified or falsified by experiment. Hence laboratories and their equipment. |
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