Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of ‘moral certainty’, scientific proof attained a reputation for objectivity. Although most forms of legal evidence continue to be treated as fallible ‘opinions’ rather than objective ‘facts’, forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific status of (...) forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The ‘administrative objectivity’ of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of ‘truth’ in the criminal justice system. (shrink)

ArgumentRecent studies of patents have argued that the very materiality and techniques of legal media, such as the written patent document, are vital for the legal construction of a patentable invention. Developing the centrality placed on patent documents further, it becomes important to understand how these documents are ordered and mobilized. Patent classification answers the necessity of making the virtual nature of textual claims practicable by linking written inscription to bureaucracy. Here, the epistemological organization of documents overlaps with the grid (...) of patent administration. How are scientific inventions represented in such a process? If we examine the process of creating a new patent category within the International Patent Classification (IPC), it becomes clear that disagreements about the substance of the novel inventive subject matter have been resolved by computer simulations of patent documents in draft classifications. The practical needs of patent examiners were the most important concerns in the making of a new category. Such a lack of epistemological mediation between the scientific and legal identities of an invention depicts a legal understanding that science is already inside patent law. From an internal legal perspective, the self-referential introduction of the new patent category may make practical sense; however it becomes problematic from a technological and scientific standpoint as the remit of the patent classification also affects other social contexts and practices. (shrink)

This paper explores whether we can interpret the notion of ‘forensic culture’ as something akin to what Knorr-Cetina called an ‘epistemic culture’. Can we speak of a ‘forensic culture’, and, if so, how is it similar to, or different from, other epistemic cultures that exist in what is conventionally called ‘science’? This question has important policy implications given the National Academy Science’s recent identification of ‘culture’ as one of the problems at the root of what it identified as ‘serious deficiencies’ (...) in U.S. forensic science and ‘scientific culture’ as an antidote to those problems. Finding the NAS’s characterisation of ‘scientific culture’ overly general and naïve, this paper offers a preliminary exploration of what might be called a ‘forensic culture’. Specifically, the paper explores the way in which few of the empirical findings accumulated by sociologists of science about research science seem to apply to forensic science. Instead, forensic science seems to have developed a distinct culture for which a sociological analysis will require new explanatory tools. Faithful sociological analysis of ‘forensic culture’ will be a necessary prerequisite for the kind of culture change prescribed by external reformist bodies like the NAS. (shrink)

This paper contributes to two topics that have received insufficient attention in science and technology studies: the social dimensions of causal reasoning and how the knowledge-making site of expert testimony affects the production and reception of social scientific knowledge. It deals with how social scientists make causal claims when testifying as expert witnesses in trials where causal claims are relevant, using as a case study the so-called L’Aquila trial, in which experts were summoned by the parties to testify on the (...) causes of risk-related behavior by the inhabitants of an Italian city in early 2009. In particular, I analyze the process of selection of causal loci, the attribution and removal of agency, the increase and decrease of causal factors in the explanation of an event, and the delimitation of the explanandum. As a general insight derived from the case, it is argued that the position of experts in a trial––which side summons them––may be a more important factor than their branch of expertise to account for certain types of these practices. (shrink)

A woman is found lying dead on the floor of the living room of her house in Leiden, the Netherlands, and because of a swollen and a slightly wounded eyelid, an autopsy is performed on the body the day after it is found. Behind the wound, there is a whole ballpoint pen, which entered the head of the deceased through her right eye causing mortal brain damage. How did it get there? This question was to cause a stir in Dutch (...) society, holding a group of police detectives and several scientists in its grip for several years. In this article, the ballpoint case is analyzed as to the boundary work between credible and noncredible expertise. As it is often assumed that boundary work in continental law is preempted by the structure of these law models, this case study adds a comparative note to the growing literature about science and the law. (shrink)