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The truth about law's truth
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EUI LAW; 1990/01
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NELKEN, David, The truth about law’s truth, EUI LAW, 1990/01 - https://hdl.handle.net/1814/64
Abstract
In this paper I want to discuss some issues arising from clashes or apparent clashes between legal and scientific conceptions of reality and methods of truth-finding. The topics which will be considered include: Can there be different truths for law and science? How can we make sense of them? Is it possible to choose between them? I shall begin by providing some historical and intellectual background with reference to recent developments concerning the challenge of post-positivist arguments in the philosophy and sociology of law. I shall then analyse the different standpoints from which disputes between law and science may be examined and consider in detail efforts to develop a new approach to handling such clashes. I will conclude by illustrating the relevance of these theoretical considerations to two current controversies in criminal law and criminal procedure.
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First made available online on 4 November 2019
First made available online on 4 November 2019
First made available online on 4 November 2019