Stetson Law Review 36 (3) (2007)

Susan Haack
University of Miami
Peer review and publication is one of the factors proposed in Daubert v. Merrell Dow Pharmaceuticals, Inc. as indicia of the reliability of scientific testimony. This Article traces the origins of the peer-review system, the process by which it became standard at scientific and medical journals, and the many roles it now plays. Additionally, the Author articulates the epistemological rationale for pre-publication peer-review and the inherent limitations of the system as a scientific quality-control mechanism. The Article explores recent changes in science, in scientific publishing, and in the academy that have put the system under strain. The Author argues that Justice Blackmun's advice to courts - that peer-reviewed publication is relevant, but is not dispositive - is of little practical help. Instead, the Author suggests questions that courts should ask in assessing the significance of the fact that testimony is, or is not, based on peer-reviewed publication and illustrates with reference to another Bendectin case, Blum v. Merrell Dow Pharmaceuticals, Inc., where some of these questions were asked.
Keywords Peer review  Scientific testimony
Categories (categorize this paper)
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 72,634
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Six Signs of Scientism.Susan Haack - 2012 - Logos and Episteme 3 (1):75-95.
Medicine is Not Science.Clifford Miller & Donald W. Miller - 2014 - European Journal for Person Centered Healthcare 2 (2):144-153.
The Epistemology of Scientific Evidence.Douglas Walton & Nanning Zhang - 2013 - Artificial Intelligence and Law 21 (2):173-219.
Scientistic Philosophy, No; Scientific Philosophy, Yes.Susan Haack - 2021 - Philosophical Investigations 15 (36):4-35.

View all 6 citations / Add more citations

Similar books and articles


Added to PP index

Total views
50 ( #230,457 of 2,533,674 )

Recent downloads (6 months)
1 ( #389,210 of 2,533,674 )

How can I increase my downloads?


My notes