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In the case of Massachusetts vs EPA. It may come down to the judges doing this. Is this right? Is this necessary?

2006-12-05 21:43:08 · 5 answers · asked by Verves2 3 in Politics & Government Law & Ethics

Thanks Andy. That NY Times article is what prompted me to ask this question. So what's the answer?

2006-12-06 15:55:50 · update #1

5 answers

See today's NY Times:

"The New York Times
December 5, 2006

"Commentary
"When Questions of Science Come to a Courtroom, Truth Has Many Faces

"By CORNELIA DEAN

"Idealistic lawyers and idealistic scientists often describe themselves as engaging in a search for truth.

"The scientists follow the scientific method. They state their hypotheses, describe the ways they test them, present their findings -- and wait for another researcher to prove them wrong. Lawyers' practice is built on the idea that the best way to shake the truth out of a complex dispute is for advocates on each side to argue it, as vigorously as they can, in front of an impartial judge or jury.

"These approaches work more or less well on their own. But when a legal issue hinges on questions of science, they can clash. And the collision can resound all the way up to the Supreme Court. . . ."

2006-12-05 21:51:35 · answer #1 · answered by Anonymous · 5 0

I dont think it is right at all, a judge had studied to become one that is familiar with law, and bring about order in society. A judge has not dealt, or studied in any field of science, and therefore have no right or opinion to make rules, or facts relating to science and it's dealing. Yes the public may question a scientists fact or opinion, but you cannot leave it up to a non-scientist to make a decision on something he knows very little or nothing about. A probable solution could be to have a retired scientist (I wonder if you get those) to be a judge and then decide on such matters.

2006-12-05 21:59:26 · answer #2 · answered by R P 1 · 0 0

There are scientists on both sides, so which ones are right and which ones are wrong?

That is why we have a Supreme Court.

2006-12-05 21:45:31 · answer #3 · answered by Jon H 5 · 0 0

Dear heavens no. Judges aren't usually scientists. In the long run, the judges would look silly doing this - especially if they are wrong.

2006-12-05 21:45:10 · answer #4 · answered by Paul H 6 · 0 0

absolutely not

2006-12-05 21:53:00 · answer #5 · answered by Anonymous · 0 0

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