Adversaries and Experts: Legal Tradition Versus Empirical Science
Abstract
The modern courtroom can become a battleground between two epistemologies: the adversarial logic of law and the empirical rigor of science. Using a case involving a neuropsychological exam under Washington Civil Rule 35, this Article explores the tension between these traditions. While medicine embraced the Scientific Revolution, law remains tethered to its medieval Scholastic roots. The Article argues for humility and integration of evidence-based reasoning within the adversarial process.
Fields of Study & Subjects
Legal processes and jurisprudence
Jury Decision Making Processes
Law
Economics
and Judicial Systems
Publication details
- Journal / source
- eYLS (Yale Law School)
- Publication date
- 13 February 2026
- Language
- EN