Science: Some Basic Concepts

AuthorAlan D. Gold
Pages79-123
Chapter
4:
Science:
Some Basic Concepts
GIVEN
that
the
rules
of
admission
and
valuation
of
expert evidence have
come
to be
grounded upon
the
scientific
method
as the
only demonstrably
valid
and
reliable foundation that
can
consistently save
the
justice system
from
beguiling
but
worthless, fallacious,
or
misleading "expertise,"
the
time
has
come
to
focus
on
this unrivalled human achievement called sci-
ence
and try to
understand
why it is so
incomparably
informative.1
The
scientific
method
is the
process
by
which scientists, collectively
and
over time, endeavour
to
construct
an
accurate (i.e., reliable, consis-
tent,
and
nonarbitrary) representation
of the
world.
It is
simply
the
gold
standard
for
knowledge.
It and it
alone
has put
planes
in the
air, bridged
giant
valleys, prolonged
life
expectancy (and
is
still
doing so),
and
1
Some
references
I
have found
useful
include Robyn
M.
Dawes,
Rational
Choice
in an
Uncertain World (New York: Harcourt Brace
Jovanovich,
1988);
Julian
Meltzoff,
Critical
Thinking
about
Research
Psychology
and
Related
fields
(Washington,
DC:
American
Psychological
Association, 1998);
Jeffrey
Katzer,
Kenneth
H.
Cook,
&
Wayne
W.
Crouch,
Evaluating Information:
A
Guide
for
Users
of
Social Science
Research,
2d ed.
(New York:
Random
House,
1982):
"Much
information reported
by
scientists, published
in
reputable
journals,
and
used
by
students, practicing
professionals,
and the
general public
is
mislead-
ing. Some
of it is
just
plain wrong.
The
purpose
of
this
book
is to
help
you
detect such
misinformation";
Fred Wilson,
The
Logic
and
Methodology
of
Science
and
Pseudoscience
(Toronto: Canadian Scholars' Press, 2000); Stephen
S.
Carey,
A
Beginner's Guide
to
Scien-
tific
Method,
2d ed.
(Belmont,
CA:
Wadsworth
Publishing Company, 1997);
and
Arthur
Strahler,
Understanding Science:
An
Introduction
to
Concepts
and
Issues
(Buffalo,
NY:
Prometheus
Books, 1992).
[79]
FOUR: SCIENCE: SOME
BASIC
CONCEPTS
allowed
us to
understand phenomena
from
the
closest point
at
hand
to
the
farthest reaches
of the
universe.
The
fact
that
it
comes with risks
and
dangers does nothing
to
advance
the
cause
of
competing alleged ways
of
"knowing."
The
scientific
method
is
simply
a set of
procedures
logical
and
demonstrably
effective
for
testing
the
validity
of
empirical claims.
"Science"
is a
process,
not a
product.
It
primarily denotes
a
continuous
process whose basic purposes
are to
make phenomena recognizable
and
to
predict outcomes,
and
whose fundamental activities comprise
observing
and
describing phenomena
and
developing general conclu-
sions about them;
integrating
new
data
with organized observations
that
have been con-
firmed;
formulating
testable hypotheses based
on the
results
of
such integra-
tion;
testing such hypotheses under controlled, repeatable conditions;
observing
the
results
of
such testing, recording them unambiguously,
and
interpreting them logically
and
clearly;
and
actively
seeking criticism
from
fellow
participants
in the
endeavour
called
"science."
In
a
leading work
on
scientific
evidence,2
the
authors state:
Science
is
neither mechanical
nor
magical.
It is a
process
of
drawing
infer-
ences
from
evidence.
The
evidence
for
those inferences
is
generated
by
research
which necessarily employs
a
selection
of
research methods.
A
finding
is
only
as
good
as the
methods used
to
find
it.
There
is no one
best
way
to
study
a
phenomenon
of
interest. Each methodological choice
involves
tradeoffs.
The
issue, always,
is
whether
the
methodology
of the
research
is
appropriate
for the
questions posed
by the
study,
and
whether
the
conclusions drawn
are
justifiable
in
light
of the
data collected
and
everything
about
the
methods
by
which those data were generated.
The
choices
of
methods require
careful
thought, both
by
researchers
and
con-
sumers
of the
research.3
2
David
L.
Faigman, David
H.
Kaye, Michael
J.
Saks,
&
Joseph Sanders,
Modern
Scientific
Evidence,
2
vols.
(St. Paul,
MN:
West
Publishing,
1997).
3
Ibid.,
vol.
1, c. 2 at 80. The
entire section
from
47 to 82
"constitutes
a
primer
on
scientific
method."
[80]
EXPERT
EVIDENCE
IN
CRIMINAL
LAW
If
the
tests
or
experiments bear
out the
hypothesis,
it may
come
to be
regarded
as a
theory
or law of
nature.
If the
experiments
do not
bear
out
the
hypothesis,
it
must
be
rejected
or
modified.
A
classic
example
of the
scientific
method's
defeat
of
authoritative
wrongheadedness
is the
"childbed fever" chapter
in
nineteenth-century
medicine.
Ignaz
Semmelweis,
a
young Hungarian doctor working
in the
obstetrical ward
of
Vienna General
Hospital
in the
late
1840s,
was
dis-
mayed
at the
high death rate among
his
patients.
He had
noticed that
nearly
20
percent
of the
women under
his and his
colleagues' care
in
Division
I of the
ward (i.e.,
the
division attended
by
physicians
and
male
medical
students) died shortly
after
childbirth.
This
phenomenon
had
come
to be
known
as
"childbed fever." Alarmingly, Semmelweis
noted
that
this death rate
was
four
to
five
times greater than
that
in
Division
II
of
the
ward (i.e.,
the
division attended
by
female
midwifery
students).
On one
particular occasion, Semmelweis
and
some
of his
colleagues
were
in the
autopsy room performing autopsies
as
they
often
did
between
deliveries.
They were discussing their concerns about death rates from
childbed
fever.
One of
Semmelweis's friends
was
distracted
by the
conver-
sation,
and he
punctured
his
finger
with
the
scalpel. Days later, Semmel-
weis's
friend
became quite sick, showing symptoms
not
unlike those
of
childbed
fever.
This
observation, however tragic, suggested
a
link between
the
per-
forming
of
autopsies
and the
"childbed fever" being
suffered
by
women
being seen
by
medical
staff
immediately
after
the
autopsies.
The
next
step
was to
"test"
this hypothesis, however vague
and
apparently ill-
formed.
Semmelweis instituted
a
strict hand-washing policy among
his
male
medical students
and
physician colleagues
in
Division
I of the
ward.
Everyone
was
required
to
wash
his
hands with chlorinated lime water
before
attending patients. Mortality rates immediately dropped
from
18.3
percent
to 1.3
percent and,
in
fact,
not a
single woman died
from
child-
birth between March
and
August
of
1848
in
Semmelweis's division.
Thus,
even before medical science
had
reached
the
stage where
a
theo-
ry
or
explanation
was
possible, because
the
discovery
of
germs
and
other
invisible
disease carriers
still
lay in the
future,
observation leading
to
hypothesis leading
to
systematic testing could achieve remarkable results.
This
obvious lesson
from
the
"childbed fever" example
is
important,
but
even
more important
is a
second lesson that both demonstrates
the
importance
of
science
and
also
the
hurdles
it
must overcome.
Despite
the
dramatic reduction
in the
mortality rate
in
Semmelweis's
ward,
his
colleagues
and the
greater medical community greeted
his
[81]

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