The topic of the paper is the relationship between scientific knowledge and legal practice. The claim is that an epistemological transformation takes place in trial, through which scientific categories are reshaped according to the goals of the jurisdiction. Doxa, that is, opinion, provides the ground for this transformation, thanks to its own epistemological and methodological features that are functional to the purpose of trial. This claim is supported, on the theoretical level, by calling into play Aristotle’s ‘Rhetoric’, and on the practical level by rereading the well-known and widely debated Daubert case
L’endossalità dei saperi esperti. Rileggere Daubert attraverso Aristotele
Stefano Fuselli
2022
Abstract
The topic of the paper is the relationship between scientific knowledge and legal practice. The claim is that an epistemological transformation takes place in trial, through which scientific categories are reshaped according to the goals of the jurisdiction. Doxa, that is, opinion, provides the ground for this transformation, thanks to its own epistemological and methodological features that are functional to the purpose of trial. This claim is supported, on the theoretical level, by calling into play Aristotle’s ‘Rhetoric’, and on the practical level by rereading the well-known and widely debated Daubert caseFile in questo prodotto:
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