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In the modern world, it is not only science’s obligation but increasingly also that of the law to find out how nature works and to settle contested facts for its own purposes. By 1887, when Arthur Conan Doyle published A Study in Scarlet, forensic science was already well established as a distinct branch of knowledge in Britain. Dr. John Watson first encounters Sherlock Holmes in a hospital laboratory, most likely in 1881, in the process of conducting a chemical test for trace quantities of human blood. Watson admires the chemistry but innocently wonders what use such a test could have. Unrestrained by false modesty, his future flat mate and biographical subject exclaims, “Why, man, it is the most practical medico-legal discovery for years.” Holmes is a natural scientist engaged in curiosity-driven research, but the questions that propel him derive from the law.
Both science and law are committed to ascertaining the facts of the matter as accurately as possible; indeed, the law’s capacity to render justice depends on finding the right facts and finding them right (see, e.g., on legal conflicts over DNA fingerprinting). The authority of both institutions depends, as Hobbes so well recognized, on appeals to transcendental truths; neither can allow itself to be seen as subjective, arbitrary, or mired in the specificities of particular cases. Yet both include among their procedural devices the systematic, if socially bounded, capacity for questioning that Boyle and his adherents cultivated within their communities of “virtual witnesses” and that Merton three centuries later famously termed “organized skepticism.” How each institution strikes a balance between the contingency of fact-making and claims to transcendence, and how the fact-finding practices of each interact with, support, or destabilize the practices of the other, have been focal points of STS inquiry—adding a distinctive and neglected dimension to work done by legal scholars and analysts on these topics.
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