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Ethics expert testimony: against the skeptics

G J Agich1, B J Spielman

  • 1Department of Bioethics, Cleveland Clinic Foundation, OH, USA.

The Journal of Medicine and Philosophy
|August 1, 1997
PubMed
Summary

Skepticism regarding expert normative ethics testimony in court is challenged. An alternative understanding, rooted in clinical ethics practice, offers a new perspective on its use as evidence.

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Theoretical medicine and bioethics·2001

Area of Science:

  • Legal Studies
  • Philosophy of Law
  • Bioethics

Background:

  • Expert testimony in normative ethics faces significant skepticism regarding its admissibility in legal proceedings.
  • Current critiques often rely on controversial assumptions about the nature and application of ethical reasoning in legal contexts.

Discussion:

  • This analysis examines the practical application of ethics testimony in courts, revealing flaws in skeptical arguments.
  • An alternative framework for understanding expert ethical testimony is proposed, drawing parallels with established clinical ethics practices.

Key Insights:

  • The skepticism surrounding normative ethics testimony is not universally justified and overlooks practical applications.
  • Clinical ethics provides a viable model for the structured and evidence-based presentation of ethical considerations in legal settings.

Outlook:

  • Further research could explore the integration of clinical ethics methodologies into legal frameworks for expert testimony.
  • This approach may enhance the utility and acceptance of ethical expertise in judicial decision-making.
Keywords:
Analytical ApproachBioethics and Professional EthicsLegal Approach

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