Legal Alchemy: The Use and Misuse of Science in the Law [Paperback]

David L. Faigman (Author)

Book Description

Publication Date: October 15, 2000

Is scientific information misused by this country’s court system and lawmakers? Today more than ever before, lawyers, politicians, and government administrators are forced to wrestle with scientific research and to employ scientific thinking. The results are often less than enlightened.

In Legal Alchemy, David Faigman explores the ways the American legal system incorporates scientific knowledge into its decision making. Praised by both legal and scientific communities when it first appeared in hardcover, Legal Alchemy shows how science has been used and misused in a variety of settings, including

• The Courtroom—from the O. J. Simpson trial to the Dow Corning silicone breast implant lawsuit to landmark cases such as Roe v. Wade.

• The Legislature—where Congress uses scientific information to help enact legislation about clean air, cloning, and government science projects like the space station and the superconducting super collider.

• Government Agencies—who use science to determine policy on a variety of topics, from regulating sport utility vehicles to reintroducing gray wolves to Yellowstone National Park.

As Faigman describes these and other important cases, he provides disturbing evidence that many judges, juries, and members of Congress simply don’t understand the science behind their decisions. Finally, he offers suggestions on how the science and legal professions can overcome their miscommunication and work together more effectively.

Editorial Reviews

Review

"Legal Alchemy shows us what can go wrong and how justice can be frustrated when lawmakers and our legal system don't understand the scientific basis for many of our laws. David Faigman has written an important book."
—Vincent Bugliosi, prosecutor, author of Helter Skelter and Outrage—The Five Reasons O.J. Simpson Got Away With Murder

"A cogent argument for lawyers, judges, and legislators to become 'sophisticated consumers of science' so that they can do their jobs with the expertise required in this increasingly technological world."
—Christian Science Monitor

"Faigman prefers to teach, explaining why science and law don’t always dovetail and showing how they can work better together . . . . The analysis is sober and the ideas thought-provoking."
—Washington Post Book World

"The title may seem to promise a rant against 'junk science,' but although disapproving of government misunderstanding and misuse of science, the author delivers a much more thoughtful book."
—National Law Journal

"If you have ever been or plan to be an expert witness, this book is a must read . . . . If you are ever involved in a lawsuit arguing points of science or engineering, you need to prepare by reading this book. Even if you plan to be involved, you must read this book, to ensure you are grounded enough in the frailties of a legal system that doesn't really understand science and is absolutely leery of scientists."
—American Scientist

"A gripping account of the stormy relationship between law and science. People in black robes look warily when people in white lab coats enter the courtroom. Faigman's clear-eyed and level-headed book shows us how right judges are to be concernedæand how much scientists (at least some of them) can offer the law."
—John Monahan, Doherty Professor of Law, University of Virginia

"Starting with an examination of the interrelationships between science, law and religion, Faigman goes on to look at how each of the three branches of the federal government approach controversies in which science is involved. His economical prose makes this an interesting read."
—The National Law Journal

About the Author

David L. Faigman is a Professor of Law at the University of California, Hastings College of the Law. He writes extensively on topics concerning the law’s use of science and is a co-author of the leading treatise Modern Scientific Evidence: The Law and Science of Expert Testimony, which has been cited several times by the United States Supreme Court. He is regularly interviewed regarding issues of scientific evidence and constitutional law.

Product Details

• Paperback: 240 pages
• Publisher: W. H. Freeman (October 15, 2000)
• Language: English
• ISBN-10: 0716741695
• ISBN-13: 978-0716741695
• Product Dimensions: 8.9 x 5.7 x 0.7 inches
• Shipping Weight: 12.3 ounces
• Average Customer Review: 3.8 out of 5 stars  See all reviews (6 customer reviews)
• Amazon Best Sellers Rank: #1,963,736 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

16 of 18 people found the following review helpful:

5.0 out of 5 stars A lively look at what happens when law and science collide, October 13, 1999

By A Customer

This review is from: Legal Alchemy: The Use & Misuse of Science in the Law (Hardcover)

This book is what might result if you crossed a book by Stephen Jay Gould with a book like A Civil Action. Like Gould and Harr, this book takes an interesting topic that most of us would not otherwise know about, and provides a vivid and accessible picture of what is happening. To illustrate his theme that the law often is ill-equipped to assimilate scientific findings, Faigman uses topics like gray wolves, the space station and our beloved SUV's. For what at first might sound like a "heavy" topic, the book flows right along, nicely spiced with the author's wry observations. I'd recommend this book to anyone whatever their background -- lawyer, scientist or someone who simply is interested in hot social topics.

9 of 9 people found the following review helpful:

5.0 out of 5 stars Legal Alchemy is necessary reading for any citizen., September 9, 1999

By A Customer

This review is from: Legal Alchemy: The Use & Misuse of Science in the Law (Hardcover)

Legal Alchemy provides a thoughtful, engaging and genuinely entertaining guide to the scientific and not-so-scientific information on which law-making in our society is often premised. Its numerous illustrations provide a basis for evaluating the law and policies purportedly generated by science, as well as a caution about leaving our lawmaker's use of science unchecked. Legal Alchemy is essential reading for everyone who is affected by law and law-making (i.e., everyone).

8 of 10 people found the following review helpful:

5.0 out of 5 stars Excellent Discussion of Science and Law for the Layperson, September 19, 2000

By A Customer

This review is from: Legal Alchemy: The Use & Misuse of Science in the Law (Hardcover)

Legal Alchemy is a nicely written and accurate description of the difficulties lawmakers face when judging science. In my twenty years experience writing and teaching about the use of science, particularly statistics, in law, I have never read such an engaging, thorough discussion of how the lawmakers turn scientific dross into gold and scientific gold into legal dross. This book is perfect for the layperson interested in the use of science in law. It contains innumerable examples of how scientific developments are treated in law and policy and discussion of all of the most important legal cases dealing with scientific evidence. Perhaps best of all, it contains Faigman's sound and well-reasoned judgments of various questions of scientific and legal policy.

Legal Alchemy presents science and law at the perfect level for the intelligent lay person. I include judges, legislators, and lawyers in that group because, while knowledgeable about law, few know anything about science. To those lawmakers seeking a more detailed description of the science relevant to specific legal issues, I highly recommend another of Faigman's works, a multi-volume treatise titled MODERN SCIENTIFIC EVIDENCE.

As to the critical comments from a reviewer on May 4, 2000, I cannot imagine what was motivating that person. I find Faigman's understanding of science and statistics to be more than adequate to the task. Most of Faigman's discussion of statistics appears in Chapter III. He does not explain statistics the way one statistician would to another statistician, and the lay reader will be thankful. He does explain the methodology correctly and thoroughly. I see no grounds for complaint. One who doubts Faigman's understanding of science should consult MODERN SCIENTIFIC EVIDENCE, mentioned in the previous paragraph.