University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2010 Federal Philosophy of Science: a Deconstruction- and a Reconstruction Susan Haack University of Miami School of Law,
[email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Evidence Commons, Law and Philosophy Commons, and the Legal History Commons Recommended Citation Susan Haack, Federal Philosophy of Science: a Deconstruction- and a Reconstruction, 5 N.Y.U. J.L. & Liberty 394 (2010). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact
[email protected]. NEW YORK UNIVERSITY JOURNAL OF LAW & LIBERTY FEDERAL PHILOSOPHY OF SCIENCE: A DECONSTRUCTION- AND A RECONSTRUCTION* Susan Haackt I. A TANGLED TALE When they feel the need to distinguish genuine science - the real thing-from pretenders, or to understand what is distinctive about the scientific method, U.S. courts have sometimes called on Karl Popper's conception of falsifiability as the hallmark of the genuinely scientific, and his account of the method of science as conjecture and refutation. Sometimes the legal issue before the courts is the interpretation of the Establishment Clause in applica- tion to biology teaching in public high schools, and the question is whether "creation science" is really science, or only religion in dis- guise.' Much more often, though, the legal issue is one of evidence * This paper is based on a (much shorter) presentation, first given at a conference on "Objective Knowledge: Popper and Beyond," at the Max Weber Program, Euro- pean University Institute, Fiesole, in March 2009.