No Magic Wand: The Idealization of Science in Law

by David S. Caudill
Rowman & Littlefield Publishers, Inc. and Center for Public Justice (2006)
Paperback, 170 pages

In this book, Caudill and LaRue argue that “science is no magic wand that can solve all social problems.” To imagine that it can do so is to idealize science. The idealization of science by judges and lawyers in court cases is the chief focus of No Magic Wand, but the authors point out that much the same thing often goes on in legislative policy making and in government administration.

Scientific authority has become ever more important in the shaping of society and law over the past two centuries. Yet the authority of science does not stand alone; it is part of a larger range of contending authorities in contemporary society. The question then is how science should be evaluated and how its claims should be treated by other authorities such as judges, legislators, and educators.

Anyone interested in public justice—in the soundness of our political order under law—will find this book to be of great value. Whether one is concerned with medical malpractice cases or with Congress's handling of scientific evidence on global warming or the health risks of smoking, this book illuminates the landscape.

David S. Caudill is professor of law at Villanova University, and Lewis H. LaRue is professor of law at Washington and Lee University.