Location

Room 2

Document Type

Paper

Keywords

ad hominem, cross-examination, evidence, expert testimony, law and science, legal argumentation, legal evidence, trial

Start Date

4-6-2020 11:00 AM

End Date

4-6-2020 12:00 PM

Abstract

The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.

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Jun 4th, 11:00 AM Jun 4th, 12:00 PM

The acquisition of scientific evidence between Frye and Daubert. From ad hominem arguments to cross-examination among experts

Room 2

The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.