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Objectivity in science and law: A shared rescue strategy.

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Objectivity in science and law faces challenges. This study proposes a shared strategy, defining objectivity by managing epistemic and phronetic risks, crucial for law and psychiatry intersections.

Keywords:
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Area of Science:

  • Philosophy of Science
  • Legal Philosophy
  • Forensic Psychiatry

Background:

  • The concept of objectivity is crucial yet debated in both scientific and legal practices.
  • Existing philosophical accounts of objectivity in science, such as risk-based accounts, offer a foundation for analysis.
  • The intersection of law and psychiatry highlights specific challenges to maintaining objectivity.

Purpose of the Study:

  • To analyze the crisis of objectivity in science and law.
  • To develop a unified strategy for rescuing objectivity in both domains.
  • To introduce a novel concept of 'phronetic risk' within legal objectivity.

Main Methods:

  • Endorsing and adapting Inkeri Koskinen's risk account of scientific objectivity.
  • Developing a new framework of 'phronetic risk' for legal objectivity.
  • Applying the proposed strategy to the specific context of law and psychiatry.

Main Results:

  • Objectivity in science is characterized by identifying and managing epistemic risks.
  • Objectivity in law is defined by identifying and managing epistemic and/or phronetic risks.
  • The proposed strategy offers a way to address skeptical challenges at the law-psychiatry interface.

Conclusions:

  • A unified risk-based approach can strengthen objectivity in both science and law.
  • The concept of phronetic risk is key to understanding legal objectivity.
  • This framework provides a promising method for navigating objectivity challenges in interdisciplinary fields like law and psychiatry.