In the 2005 Kitzmiller v Dover Area School Board case, a federal district court ruled that Intelligent Design creationism was not science, but a disguised religious view and that teaching it in public schools is unconstitutional. But creationists contend that it is illegitimate to distinguish science and religion, citing philosophers Quinn and especially Laudan, who had criticized a similar ruling in the 1981 McLean v. Arkansas creation-science case on the grounds that no necessary and sufficient demarcation criterion was possible and (...) that demarcation was a dead pseudo-problem. This article discusses problems with those conclusions and their application to the quite different reasoning between these two cases. Laudan focused too narrowly on the problem of demarcation as Popper defined it. Distinguishing science from religion was and remains an important conceptual issue with significant practical import, and philosophers who say there is no difference have lost touch with reality in a profound and perverse way. The Kitzmiller case did not rely on a strict demarcation criterion, but appealed only to a “ballpark” demarcation that identifies methodological naturalism as a “ground rule” of science. MN is shown to be a distinguishing feature of science both in explicit statements from scientific organizations and in actual practice. There is good reason to think that MN is shared as a tacit assumption among philosophers who emphasize other demarcation criteria and even by Laudan himself. (shrink)

Using as a case study the forensic comparison of images for purposes of identification, this essay considers how the history, philosophy and sociology of science might help courts to improve their responses to scientific and technical forms of expert opinion evidence in ways that are more consistent with legal system goals and values. It places an emphasis on the need for more sophisticated models of science and expertise that are capable of helping judges to identify sufficiently reliable types of expert (...) evidence and to reflexively incorporate the weakness of trial safeguards and personnel into their admissibility decision making. (shrink)

In Kitzmiller v. Dover (2005), the only U.S. federal case on teaching Intelligent Design in public schools, the plaintiffs used the same argument as in the creation-science trials of the 1980s: Intelligent Design is religion, not science, because it invokes the supernatural; thus teaching it violates the Constitution. Although the plaintiffs won, this strategy is unwise because it is based on problematic definitions of religion and science, leads to multiple truths in society, and is unlikely to succeed before the present (...) right-leaning Supreme Court. I suggest discarding past approaches in favor of arguing solely from the evidence for evolution. (shrink)

In this paper, I describe an approach to the teaching of philosophy of science that draws normally reluctant students into controversial issues in the philosophy of science. I have found that the topic of creationism is a good vehicle for introducing students to the more difficult issues in philosophy of science. I explore the use of creationism as a case-study in the philosophy of science and detail my own experience in the creationism debate.

This paper discusses the judgment of Judge William Overton in McLean vs. Arkansas Board of Education (1982), and the subsequent philosophical literature that discusses this judgment.

A colleague who was participating in one of the many Darwin bicentennial events on university campuses this year recently asked me, “What was Fuller thinking?” In reply, I sent him a copy of Steve Fuller’s (2009) opinion piece, which had just come out in this journal. In it, Fuller attempts to explain why he decided to perform as an expert witness for the defense in Kitzmiller et al. v. Dover Area School District (US Federal Court, Eastern District of Pennsylvania, 2005). (...) I doubt that his explanation put my colleague’s question to rest. (shrink)