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Law's Treatment Of Science: From Idealization To Understanding, Nayha Acharya
Law's Treatment Of Science: From Idealization To Understanding, Nayha Acharya
Dalhousie Law Journal
Increasing reliance on scientific evidence in litigation has created a demand for discussions directed at enabling a legitimate interaction between science and law The article develops the notion ofprocedural legitimacy-that adherence to legal procedure maintains the legitimacy of the adjudicative system and its outcomes -and applies it to determining how best to admit and use scientific evidence. The problem of undervaluing procedural legitimacy is illustrated through a commentary on contributions to the science and law discussion of Edmond and Roach, and Haack. The author's thesis is that maintaining adjudicative legitimacy depends on procedural rules being applied as vigilantly to science …
Response To Haack And Edmond/Roach Articles, Nayha Acharya
Response To Haack And Edmond/Roach Articles, Nayha Acharya
Dalhousie Law Journal
I am grateful to Professors Edmond and Roach' and Professor Haack2 for their thoughtful replies to my paper, Law 's Treatment of Science: From Idealizationto Understanding.Much like my experience after reading "A Contextual Approach to the Admissibility of the State's Forensic Science and Medical Evidence,"' and Haack's contributions, 4 I have come away from reviewing Edmond and Roach and Haack's replies with a heightened awareness that the admissibility of scientific evidence is significant and complicated. Both replies have raised important concerns that have demanded further attention from me, which I turn to here. My response to Edmond and Roach's Reply …
La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan
La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan
Dalhousie Law Journal
In La preuve, les techniques modernes et le respect des valeurs fondamentales, Professor Pierre Patenaude has produced a scholarly and practical inquiry into the question of how law responds to science. This book raises questions of the gathering, the admissibility and the reliability of evidence through modem techniques such as electronic surveillance, breathalyzer tests, lie detectors, radar, the administration of truthinducing drugs, and hypnosis. It combines a thoughtful examination of values underlying the law of evidence with an introduction to the complexities and the frailities of scientific investigative techniques.