Date of Award
Master in Advanced Studies (MAS)
Scientific evidence is relied on more and more in litigation. Discussions and debates aimed at enabling courts to make the best use scientific evidence are increasingly critical. This thesis adds the perspective of procedural legitimacy to the science and law discussion. Procedural Legitimacy is the concept that consistent adherence to legal procedure maintains the overall legitimacy of the legal system, and the validity of its outcomes. I argue that the integrity of legal procedures must be maintained where scientific evidence is presented, so that judicial decisions that rely on scientific evidence are legitimate.
Nayha Acharya, Science on Law's Terms: Implications of Procedural Legitimacy on Scientific Evidence (LLM Thesis, Dalhousie University, Schulich School of Law, 2012) [unpublished].