Considering comparative approaches in legal histories
I have proposed comparative/transnational approaches between legal and societal understandings of privacy in the face of new technologies. Micol Siegel’s work suggests that I should, at the very least, consider my approach more critically.
Modern Islam and science: an article by Seyyed Hossein Nasr
In “Islam and Science,” an article written for the Oxford Handbook of Religion and Science, Nasr attempts to give a broad overview of the relationship of Islam to modern science and technology. He makes some key points regarding to criticism of Western science from an Islamic point a view.
Popper, Kuhn, and Creationism
Since at least McLean v. Arkansas in 1981, Creationists — Christian fundamentalists who oppose evolution — have turned, intriguingly, to philosophy of science to try to justify the inclusion of Creationism alongside evolution in science classrooms.
Causation, faith, and intelligent design
There is a philosophical thesis (attributed jointly to Pierre Duhem and Willard Quine) that, when simplified, explains how a given set of facts can produce more than one apparently true conclusion: essentially, different background assumptions lead to different conclusions. A related concept is known as underdetermination: that a given set of evidence can be explained by more than one – potentially conflicting – theory.
You do not get an “A for effort” with copyright
In reaction to claims that copyright exists to protect creators because of the effort they’ve put into their work, Techdirt points us to a Supreme Court case that clearly says otherwise. History and precedent back it up.
Truth vs. relativism in science
In Science and Social Inequality by Sandra Harding, I found a discussion of claims to “absolute truth” in science (and the fear of relativism) particularly interesting.
The dual nature of the U.S. Constitution
It is so much more fun to “expound” on the “adaptable” Constitution and simply pretend that the “hard-wired” one can always be “worked around.” But what if it can’t? What if there is a gorilla (or rattlesnake) in the room?
Adapting the Law to New Theories of Science
John Pfaff continues his interesting discussion of science, the adversarial process, and the law at PrawfsBlawg: So far I have looked at how to incorporate systematic reviews into our current legal framework, whether through court-appointed Rule 706 experts or through special masters or technical advisors assisting judges in their Daubert or Frye decisions. In both cases, […]
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