Science on Law's Terms: Implications of Procedural Legitimacy on Scientific Evidence

    Research output: ThesisDoctoral Thesis

    Abstract

    Scientific evidence is relied on more and more in litigation. Discussions and debates aimed at enabling courts to make the best use scientific evidence are increasingly critical. This thesis adds the perspective of procedural legitimacy to the science and law discussion. Procedural Legitimacy is the concept that consistent adherence to legal procedure maintains the overall legitimacy of the legal system, and the validity of its outcomes. I argue that the integrity of legal procedures must be maintained where scientific evidence is presented, so that judicial decisions that rely on scientific evidence are legitimate.

    Original languageCanadian English
    QualificationPh.D.
    Supervisors/Advisors
    • Murphy, Ronalda, Advisor, External person
    • Gibson, Elaine, Advisor
    Publication statusPublished - Aug. 20 2012

    Keywords

    • Science And Law
    • Admissibility Of Evidence
    • Goudge Inquiry
    • Legal Fact-Finding
    • Legal Facts
    • Uncertainty In Law
    • Personal Injury
    • Medical Negligence
    • Damages Assessment
    • Scientific Evidence

    Disciplines

    • Civil Procedure
    • Evidence
    • Health Law and Policy
    • Law
    • Medical Jurisprudence
    • Science and Technology Law
    • Torts

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