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Truth-seeking and Law: Can Feminist Research and Writing Become Admissible in Court?

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Abstract:

This paper explores how feminist voices construct truth in contrast with the positivist traditions that remain the mainstay of litigation in America. In response to junk science, courts have constructed elaborate devices to determine when research is sufficiently reliable. The resulting hierarchy of knowledge privileges the mind over the body, the articulate over the inexpressibly known, replicable and experimental methodologies over more inclusive patterns of knowledge. I argue that in their desire to exclude junk science, our courts have accepted wholesale the positivist presumptions, and thereby effectively excluded feminist voices from the truth-givers in the courtroom.
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Association:
Name: National Women's Studies Association
URL:
http://www.nwsa.org


Citation:
URL: http://www.allacademic.com/meta/p168666_index.html
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MLA Citation:

Fraley, Jill. "Truth-seeking and Law: Can Feminist Research and Writing Become Admissible in Court?" Paper presented at the annual meeting of the National Women's Studies Association, TBA, St. Charles, IL, Pheasant Run, Jun 28, 2007 <Not Available>. 2009-05-24 <http://www.allacademic.com/meta/p168666_index.html>

APA Citation:

Fraley, J. , 2007-06-28 "Truth-seeking and Law: Can Feminist Research and Writing Become Admissible in Court?" Paper presented at the annual meeting of the National Women's Studies Association, TBA, St. Charles, IL, Pheasant Run <Not Available>. 2009-05-24 from http://www.allacademic.com/meta/p168666_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper explores how feminist voices construct truth in contrast with the positivist traditions that remain the mainstay of litigation in America. In response to junk science, courts have constructed elaborate devices to determine when research is sufficiently reliable. The resulting hierarchy of knowledge privileges the mind over the body, the articulate over the inexpressibly known, replicable and experimental methodologies over more inclusive patterns of knowledge. I argue that in their desire to exclude junk science, our courts have accepted wholesale the positivist presumptions, and thereby effectively excluded feminist voices from the truth-givers in the courtroom.

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