In this Article I contend that the use of expert evidence is not always the best mechanism for making the technical or scientific knowledge accessible to the judge. It is often too difficult to control its reliability in terms of scientific correctness and impartial fairness from the judicial perspective. So, reshaping the expert evidence into a lay judge can offer a concrete opportunity to entrench the scientific or technical knowledge of the court in several cases.
How judges can think: the use of expert’s knowledge as proof in civil proceedings
Gaboardi, Marcello
2017
Abstract
In this Article I contend that the use of expert evidence is not always the best mechanism for making the technical or scientific knowledge accessible to the judge. It is often too difficult to control its reliability in terms of scientific correctness and impartial fairness from the judicial perspective. So, reshaping the expert evidence into a lay judge can offer a concrete opportunity to entrench the scientific or technical knowledge of the court in several cases.
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