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Social science research in law: A new paradigm.
Authors:Monahan, John   Walker, Laurens
Abstract:
The law is hampered in using social science research by the obsolete notion that research used to change a legal rule is "legislative fact" and research in which only the parties to a case have an interest is "adjudicative fact." In important ways, however, social research is more akin to law itself than to "fact." We suggest a paradigm in which law-changing research is "social authority," case-specific research is "social fact," and a newer hybrid combination of these two is "social framework." In each of these areas, we propose that judges treat aspects of empirical studies much as they treat legal precedents under the common law. (PsycINFO Database Record (c) 2010 APA, all rights reserved)
Keywords:
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