Showing papers by "John Monahan published in 1988"

Social Facts: Scientific Methodology as Legal Precedent

Abstract: In this Essay, Professors Walker and Monahan examine the use of social science research data to prove contested facts in judicial proceedings. They argue that a court's decision to rely upon social science research should have precedential value only to the extent that it determines whether the social science methodology used is or is not a legally acceptable way to prove a given claim. They further argue that the particular application of a given methodology in a single research effort should not be accorded precedential force. The Authors demonstrate that social science research is commonly used as "social fact" in a broad variety of legal settings and should be subject to the normal rules of evidence law. Applying the Federal Rules of Evidence, they evaluate the precedential force of various aspects of social science research in judicial proceedings. Through this analysis, the Authors draw a distinction between social science methodology and applications of that methodology--concluding that the former is more enduring and general. Accordingly, the Authors contend that only methodologies, and not applications of methodologies, should be accorded precedential force as legally accepted ways to prove certain claims. The Essay concludes that, for the purpose of defining the applicable precedent, methodologies should be narrowly construed at present to produce specific rules of limited generality. This proposal would allow courts to draw upon a variety of social science tools and gradually to develop a set of rules that properly reflect the great breadth of social science research capabilities.