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Epistemology in Uncertainty: Distinguishing Science and Faith in the Quantum Age California Western Law Review Volume 53 Number 1 Article 6 12-31-2016 Epistemology in Uncertainty: Distinguishing Science and Faith in the Quantum Age Marvin Lim Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr Recommended Citation Lim, Marvin (2016) "Epistemology in Uncertainty: Distinguishing Science and Faith in the Quantum Age," California Western Law Review: Vol. 53 : No. 1 , Article 6. Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol53/iss1/6 This Article is brought to you for free and open access by CWSL Scholarly Commons. It has been accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For more information, please contact [email protected]. Lim: Epistemology in Uncertainty: Distinguishing Science and Faith in +(,1 2 1/,1( Citation: 53 Cal. W. L. Rev. 1 2016 Content downloaded/printed from HeinOnline Tue Jul 18 12:37:07 2017 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Published by CWSL Scholarly Commons, 2016 1 California Western Law Review, Vol. 53 [2016], No. 1, Art. 6 CALIFORNIA WESTERN LAW REVIEW VOLUME 53 FALL 2016 NUMBER 1 EPISTEMOLOGY IN UNCERTAINTY: DISTINGUISHING SCIENCE AND FAITH IN THE QUANTUM AGE MARVIN LIM* TABLE OF CONTENTS INTRODUCTION .......................................... 2 I. SCIENCE VERSUS FAITH TRADITIONALLY .................... 4 II. QUANTUM AGE: UNCERTAINTY IN SCIENTIFIC EMPIRICISM..11 A. Quantum Mechanics and Probabilityin Spacetime......... 11 B. String Theory ..................... ......... 20 C. Multiverses and Human Consciousness .. ............ 24 III. IMPLICATIONS FOR LEGAL DISTINCTIONS BETWEEN SCIENCE AND FAITH .................. ................... 28 A. Laudan, His Critics, and a Middle Ground.. ......... 29 B. CraftingA Legal Approach ............... ..... 33 C. The Implications ofNon-Empirical Theory Confirmation 39 CONCLUSION ........................................... 42 * Yale Law School, J.D.; Boston University, B.A. For meticulous and significant editorial guidance, many thanks to Jake Novack and the staff of the California Western Law Review. For inspiration, a special note of thanks to Ann Danforth. 1 https://scholarlycommons.law.cwsl.edu/cwlr/vol53/iss1/6 2 Lim: Epistemology in Uncertainty: Distinguishing Science and Faith in 2 CALIFORNIA WESTERN LAW REVIEW [Vol. 53 INTRODUCTION To answer Hamlet's famous question - to be or not to be - in the positive, requires for many a leap of faith. That leap represents the notion that there is something or someone worth living for, despite even the worst human suffering that makes the idea that human life possesses an inviolable dignity unbelievable.I For many, that something is God: an omnipotent and omniscient higher power that accords human beings with that inviolable dignity. Many, of course, question taking this particular jump. These skeptics believe not only that God does not exist, but also that the reasons for humans to live can easily be found in the non-divine realm, whether in the scientific, psychological, historical, or philosophical. These reasons, many believe, can be found even in the face of the worst possible human suffering. However, any such justifications must require taking some kind of jump. None of them can escape the cold, hard truth about the current - and, notwithstanding so far unimaginable advances in our epistemology, eternal - limits of human knowledge. For example, the simple fact is that humans cannot directly observe and experience the past or future. As such, the deceptively profound fact is that, even if we have experienced the same thing for many years, we can never say with absolute certainty that the same thing will hold as true for tomorrow. In this sense, even the most empirical and scientific observations require some jump, even if ultimately justified, to draw many of the conclusions we universally take for granted. The complex question undergirding this Article thus arises: what exactly does it mean for human beings to take these epistemological leaps? Of course, this is a vast question, one that has been explored, time and again, by others. Rather than tackling every aspect of this question, this Article has far less ambitious, yet somewhat novel goals: to explore how these leaps are taken in modern science, which has challenged traditional paradigms of scientific empiricism, and to see what. implications this field has for ascertaining the demarcation between science and faith - particularly in the eyes of the law. 1. See generally John Paul II, Evangelium. Vitae (Mar. 25, 1995), http://www.vatican.va/holy-father/john paul-ii/encyclicals/documents/hf jp- ii enc_25031995_evangelium-vitaeen.html. Published by CWSL Scholarly Commons, 2016 3 California Western Law Review, Vol. 53 [2016], No. 1, Art. 6 2016] EPISTEMOLOGY IN UNCERTAINTY 3 To compare the epistemological methods in science and faith is, of course, not a new endeavor. Indeed, before discussing how modem science should impact debates over demarcation, this Article will explore some of the primary vehicles through which the comparison between science and religion has traditionally been made: among them, debates over whether creationism and intelligent design qualify as bona fide sciences. But, rather than attempting to add anything to these specific debates, this Article instead purports to explore the less well- tread subject of how scientific acceptance of irresolutely non-religious, modem concepts, such as string theory and multiverse theory, impacts the so-called line of demarcation between science and (normally, faith- driven) pseudoscience. These are concepts for which experimental confirmation not only remains presently elusive, but also are forever outside the capability of human observation, regardless of technology. Narrowing its focus to this subject, this Article recognizes novel observations about making principled distinctions between science and faith. Contrary to advocating for religion as something in which human belief is somehow merited, this Article concludes that fundamental differences certainly remain between science and religion as traditionally conceived - differences for which the law must account. At the same time, in light of advances that arguably redefine science, this Article concludes that demarcation between science and faith should proceed in a different way - particularly when the law is called on to engage in such demarcation. In particular, the growing elision between the two recommends against a legal approach that attempts to determine wholesale whether an entire theory qualifies as "scientific." Instead, it recommends an approach that attempts to ascertain a religious purpose, which can involve a more nuanced analysis of an alleged theory's many constituent parts, in order to smoke out religious purpose. Such an approach, this Article concludes, is consistent with the purpose of the Establishment Clause, the central question of which remains whether something is religious, as opposed to scientific. But, perhaps even more importantly, it is also consistent with the desirability of leaving room for legitimate debates about all theories, secular or otherwise - including, hypothetically, theories that demonstrate more good-faith, global commitment to scientific principles than theories like creation science, but which still challenge the traditional paradigms of science. https://scholarlycommons.law.cwsl.edu/cwlr/vol53/iss1/6 4 Lim: Epistemology in Uncertainty: Distinguishing Science and Faith in 4 CALIFORNIA WESTERN LAw REVIEW [Vol. 53 Part I of this Article explores the basic distinction between science and faith through the lens of the debate and litigation surrounding creation science. Part II introduces a variety of modem scientific theories, including quantum mechanics and string theory, and discusses how these fields have more recently questioned our traditional perception of what counts as science. It speaks in depth about these debates within the scientific community itself, apart from any consideration of theories motivated by religion. Finally, Part III discusses how these ideas challenge how courts go about determining what is science and what is pseudoscience that, typically with a faith component, violates the Establishment Clause of the U.S. Constitution. The Article concludes with a note about how society should proceed in such oft-divisive, but fundamentally important, inquiries. I. SCIENCE VERSUS FAITH TRADITIONALLY To understand how a comparison and contrast of quantum mechanics and related' fields can illuminate how human beings take leaps of faith, it is helpful first to assume a bird's eye view of what distinguishes science and mathematics from other fields, including religion. As this Part of the. Article will discuss, what ultimately distinguishes these is how precisely they treat empiricism. Perhaps nothing is more useful for exploring the differences between science and faith than considering whether something traditionally associated with faith - creationism, or so-called creation science - should actually be considered scientific. This question has generated a great deal of controversy. But perhaps most illuminating here is the controversy within the group that
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