Scientific Knowledge

“In this age of science, we have to build legal foundations that are sound in science as well as in law.”

My Lord, What is Scientific Knowledge?

Neither Bacon, Popper nor Kunh, it is generally believed, gave a prefect description of what science is and how it works, but the US Supreme Court in Daubert, 509 U.S. 579 (1993) identified four non-definitive factors that were thought to be illustrative of characteristics of scientific knowledge: testability or falsifiability, peer review, a known or potential error rate and general acceptance within the scientific community.”

Hon’ble Justice K.S.P. Radhakrishnan, Dharam Deo v. State of U.P., (2014) 5 SCC 509.

Dharam Deo is also known as the Diana Routley judgment. Diana Routley, a backpacker from New Zealand, was murdered in 1997. Her case traversed its journey from the lowest Court to the highest and found its conclusion in 14 years. The Francesco Montis case, in contrast, only needed 4. And therefore, is Italy > New Zealand?

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