Daubert v. Merrell Dow Pharmaceuticals, Inc.: Difference between revisions

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Discerning between [[science]] and "[[pseudoscience]]" was the theme of a book by [[Karl Popper]] whose summary was quoted in Daubert: "the criterion of the scientific status of a theory is its [[falsifiability]], or refutability, or testability." The book, ''Conjectures and Refutations: The Growth of Scientific Knowledge'' (5th ed. 1989), pp. 34–57, explains how psychology is more like astrology than astronomy because it does not make predictions about an individual which are falsifiable. He wrote that "the impressive thing about" Einstein's predictions "is the risk involved...If observation shows that the predicted effect is definitely absent, then the theory is simply refuted." But "it was impossible to describe a human behaviour" which would be accepted as proving psychology false.
 
The considerations in Daubert do not all have to be met for the evidence to be admitted. It is necessary only that the majority of the tests be substantially complied with.
 
The principle in Daubert was expanded in ''[[Kumho Tire Co. v. Carmichael]]'' (1999), where the evidence in question was from a technician and not a scientist. The technician was going to testify that the only possible cause of a tire blowout must have been a manufacturing defect, as he could not determine any other possible cause. The Court of Appeal had admitted the evidence on the assumption that Daubert did not apply to technical evidence, only scientific evidence. The Supreme Court reversed, saying that the standard in Daubert could apply to merely technical evidence, but that in this case, the evidence of the proposed expert did not meet the standard.
 
==Pronunciation of ''Daubert''==