According to Aristotle, the epistemological level of oratory is provided by doxa, that is, opinion. The premises from which the orator should develop his reasoning are reputable opinions (endoxa). The aim of the chapter is to show that the Aristotelian approach to doxa is useful to shed light on the contemporary debate on the role of science and scientific evidence in the courtroom and, more specifically, on the judiciary construction of science. As test bed, I will consider a widely debated case decided by the US Supreme Court, namely Daubert v. Merrel Dow Pharmaceuticals Inc. The claim is that the Court has developed its argumentations and reached its conclusions by remaining on an opinion based (doxastic) level and that this is precisely what is proper to judicial decision-making.
Aristotle’s Contribution to the Judiciary Construction of Science
STEFANO FUSELLI
2023
Abstract
According to Aristotle, the epistemological level of oratory is provided by doxa, that is, opinion. The premises from which the orator should develop his reasoning are reputable opinions (endoxa). The aim of the chapter is to show that the Aristotelian approach to doxa is useful to shed light on the contemporary debate on the role of science and scientific evidence in the courtroom and, more specifically, on the judiciary construction of science. As test bed, I will consider a widely debated case decided by the US Supreme Court, namely Daubert v. Merrel Dow Pharmaceuticals Inc. The claim is that the Court has developed its argumentations and reached its conclusions by remaining on an opinion based (doxastic) level and that this is precisely what is proper to judicial decision-making.
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