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Demarcation criteria, pseudocience and scientificity in law

Abstract:

This article analyses the epistemic status of law and its presumption of being a science in relation with the so-called demarcation criterion proposed by different philosophers of science. Such criteria are the main analytical elements to differentiate scientific discourses from those who are not and the ones who pretend to be. In relation to those, pseudoscience and law are treated, to finally conclude with the exposition of the case of Daubert v. Merrill Dow Pharmaceuticals, in which a judicial process defined demarcation criteria. This paper shows how the demarcation criteria of science and the concept of pseudoscience cannot be applied to law science given its own rationality.