Haack's Defective Discussion of Popper and the Courts

Susan Haack criticises the US courts' use of Karl Popper's epistemology in discriminating acceptable scientific testimony. She claims that acceptable testimony should be reliable and that Popper's epistemology is useless in discriminating reliability. She says that Popper's views have been found acceptable only because they have been misunderstood and she indicates an alternative epistemology which she says can discriminate reliable theories. However, her account of Popper's views is a gross and gratuitous misrepresentation. Her alternative epistemology cannot do what she claims for it. The courts should not be concerned with reliability and, insofar as they use the term 'reliability,' it should be construed in a procedural rather than a substantive sense. Since Popper's epistemology gives something like a characterisation of science at its best, the courts should continue to invoke Popper's theories in their discrimination of acceptable testimony.