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Judicial Use of Social Science Research

Judicial Use of Social Science Research American courts use social science research in three distinct ways: to make law, to determine facts, and to provide context. In this article, we review and critique the approaches that courts have traditionally taken to dealing with each form of social research. We also summarize and integrate a body of work offering a different perspective that treats law-making research as social authority, fact-finding research as social fact, and context-providing research as social framework. We end by proposing a coherent sequence of steps that courts should take when confronted with an empirical question about human behavior. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior American Psychological Association

Judicial Use of Social Science Research

Law and Human Behavior , Volume 15 (6): 14 – Dec 1, 1991

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Publisher
American Psychological Association
Copyright
Copyright © 1991 American Psychological Association
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1007/BF01065853
Publisher site
See Article on Publisher Site

Abstract

American courts use social science research in three distinct ways: to make law, to determine facts, and to provide context. In this article, we review and critique the approaches that courts have traditionally taken to dealing with each form of social research. We also summarize and integrate a body of work offering a different perspective that treats law-making research as social authority, fact-finding research as social fact, and context-providing research as social framework. We end by proposing a coherent sequence of steps that courts should take when confronted with an empirical question about human behavior.

Journal

Law and Human BehaviorAmerican Psychological Association

Published: Dec 1, 1991

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