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The thing is that you can 'prove' almost everything if you doggedly search for refinements to your hypothesis. In effect, you fit the theory around the evidence. In contrast, in science, the goal is (ideally) to test hypotheses by checking how well they predict new evidence, and to run rival hypotheses against each other.
Maybe this is an argument for adversarial rather than inquisitorial justice.

Bush is a symptom, not the disease.
by Migeru (migeru at eurotrib dot com) on Thu May 17th, 2007 at 06:44:58 PM EST
It is more against both. The adversarial system still involves only two parties trying to defeat each other, where one side doesn't have the onus to create a full hypothesis. (I could imagine an inquisitorial justice with multiple clashing hypotheses.) Also, the problem goes back further than what lawyers do at court: what the investigating bodies do before trial.

*Traitor*, n.
A benighted individual who perceives an illusory distinction between serving his nation and abetting the criminals who govern it.
by DoDo on Thu May 17th, 2007 at 06:50:53 PM EST
[ Parent ]
Adversarial law tends to turn into legalism, theatre, grand-standing and - if there's a jury - (legal) jury-rigging.

Most people - and that includes most lawyers and judges, never mind the public - don't understand enough about scientific evidence to be able to assess it objectively. They also don't understand statistics. Tell someone there's a 100,000:1 chance of a DNA match, and they'll assume this is absolute proof of guilt, even though in a big city there will be 10-100 people equally likely to provide a match.

But I'm not sure you can apply the scientific method to law anyway. If you have a collection of evidence, it's hard to see how can you turn it into a hypothesis and then a firm prediction that will lead to a crime being solved.

Effectively a trial is a hypothesis - that a suspect is guilty. But it's not a prediction, except in the rather useless sense that you assume that if someone is imprisoned, a certain series of crimes will end.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Thu May 17th, 2007 at 08:57:29 PM EST
[ Parent ]

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