Putting Philosophy to Work by Haack Susan

Author:Haack, Susan [Haack, Susan]
Language: eng
Format: epub
Publisher: Prometheus Books
Published: 2013-05-13T16:00:00+00:00

Expert testimony is an absurd enterprise. We require expert testimony in pharmaceutical product liability actions because the medical and scientific details are well beyond the comprehension of laymen. Yet, we then ask those same laymen to choose between the competing sets of experts and resolve the very issues that are, by definition, beyond their comprehension. 41

Daubert shifted more of the burden to the judge; but the fundamental problem remains. Almost a century after Hand posed the essential question—how can the legal system make the best use of expert testimony?—we are still fumbling toward an answer.

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