S C I E N C E - E V I D E N C E - L A W

Dr Robert A. Hatch - 226 Keene-Flint Hall
HIS 3930 (Dept X) - Science - Evidence - Law - Autumn 2001
NB: Tuesday E 1-3 (7.00 - 10.00pm) - 113 Keene-Flint Hall


This course pursues the time-honored questions of Truth and Justice by focusing on points of historical convergence between 'science and law'. Central to both is the question of evidence. Selected case studies serve to identify claims to knowledge about nature and about the past (science and history) that assist us, ideally, in assessing how evidence is presented and represented in practice. Beginning with 16th-century notions of identity and property in the 'Return of Martin Guerre' (involving fact, fraud, fiction) case studies then focus on witchcraft at Loudun and at Salem (involving questions of nature - knowledge - history, identity - possession); on murder and mental derangement in the famous Foucault study of Riviere (involving parricide and mental competence, interpreting actions and texts); and finally, in a more recent case, the Scopes Monkey Trial, where popular culture and media played a role in what is often viewed as a contest between religion and science. General themes of the course include argument and evidence, fact and theory, explanation and interpretation, witnessing and testimony, identity and possession, competence and expertise, and not least, actions and events, indeed, intentions and causes. The principal assumption of the course is that something dramatic began to appear in Western Culture during the Early Modern Period, something that re-defined human connections to the world, to the past, and to each other. That something, however frail and puny in the face of Truth and Justice, seems to have included rational argument and empirical evidence, both accompanied, no doubt, by ongoing traditions that involve dramatic ethical contradiction and deep differences in social interest.

We have two objectives. First, to identify critical issues (involving specific writings, activities, and practices) in the context of early modern life as identified in primary readings and research. Second, and perhaps equally challenging, we examine the assumptions and interpretations surrounding the treatment of these issues by recent historians. Our goal is to situate a clearly defined textual problem in broader (and sometimes conflicting) interpretive contexts.  We want to understand why there are opposing interpretations offered by various historical schools and traditions. The ideal problem for your Last Essay is a clearly identified and widely acknowledged problem that has evoked the most varied interpretations. Put differently, the kind of question that defines this course is how and why historians (scientists, attorneys, physicians) sometimes see things very differently, how they use the 'same' evidence to interpret the 'same thing' in ways that appear to contradict the conclusions drawn by others. That such apparent dilemmas double should be clear. We pursue these issues throughout the seminar. 

To that end, Colloquium participants will write and defend a critical research essay. This essay will focus on clearly defined issues {e.g., fact, truth, evidence, explanation, interpretation; theory, practice} identified through individual research. The objective of the essay is to test the relation between these issues and at least two relevant, possibly conflicting, historiographic schools or genres. Full particulars of the essay--notably the relation between specific texts and more general historiographic interpretations--will be provided and discussed in class. 

In addition to the critical essay, participants are expected to take an active part in Colloquium discussions and to present their preliminary research to a critical audience. Each of these requirements is built into the Seminar schedule. Please note that attendance is mandatory, participation essential. If students are interested in additional optional work, notably special projects related to the Science - Evidence - Law, please discuss your interest with the instructor early in the semester. Office hours for Professor Hatch are Tuesday 3.00-6.00pm and by appointment, 226 Keene-Flint Hall. Students are urged to take full advantage of Office Hours for consultation and discussion. Telephone: 392-0271 (24h machine); E-mail: ufhatch@ufl.edu

Finally, please note there are major sections of my WebSite devoted to this course.  Students are required to visit appropriate sections as well as those dealing with Reading, Writing, and other issues (for example, Taking Notes on Readings and from Lectures).  These sections supply teaching and research resources (bibliography, secondary readings, WebLinks, and SearchLinks). Importantly, the WebSite is accessible 24 hours a day, 7 days a week.  The WebSite is located at:  http://www.clas.ufl.edu/users/rhatch/pages .  Suggestions for the WebSite are welcome. 


Required Reading is taken from the following works and from Resources on this WebSite: 
{Gator Textbooks, Creekside Mall, 3501 SW 2nd Avenue, Suite D:  Telephone: 374.4500}

Hatch, Robert A., ed. Science-Evidence-Law: Historical Studies
{300pp Photocopy, available at Gator Textbooks - Articles on Evidence: Scientific, Medical, Legal, Historical )

Certeau, Michel de. The Possession at Loudun
Davis, Natalie Z. The Return of Martin Guerre.
Foucault, Michel, ed. I, Pierre Rivière, having slaughtered my mother, my sister, and by brother...
Hoffer, Peter Charles. The Salem Witchcraft Trials: A Legal History.
Kuhn, Thomas S. The Structure of Scientific Revolutions.
Larson, E. J. Summer for the Gods: The Scopes Trial & America's Continuing Debate over Science & Religion.
Poovey, Mary. A History of the Modern Fact: Problems of Knowledge in the Science of Wealth and Society.
Shapin, Steven. A Social History of Truth.

Recommended:
Feinberg, Joel. Harm to Self–the moral limits of the criminal law.
Ginzburg, Carlo. The Night Battles: Or, Clues, Myths, & Historical Method.
Hansen, Chadwick. Witchcraft at Salem.
Henson, Ray D., ed. Landmarks of Law.
Hoffer, Peter C. The Salem Witchcraft Trials: A Legal History.
Huxley, Aldous. The Devils of Loudun.
Mappen, Marc (ed.). Witches & Historians: Interpretations of Salem.
Parfit, Derek. Personal Identity
Rapley, Robert. A Case of Witchcraft: The Trial of Urbain Grandier. 1998.
Roberts, Peter. OJ: 101 Theories, Conspiracies and Alibis. (Goldtree Press).
Trevor-Roper, Hugh. The Hermit of Peking: The Hidden Life of Sir Edmund Backhouse
Winks, Robin W., ed., The Historian as Detective: Essays on Evidence. Harper, 1968 (OP).

Please consult the prepared bibliography in Teaching Resources and in the Research Resources sections at the WebSite noted above. On-line and data base search technology now make it a simple matter to identify and locate the most recent scholarship on the Scientific Revolution. Students will have an opportunity in this Colloquium to master these research skills. 
Evaluation:  Please note that attendance is mandatory. Because all required work is announced on this syllabus, and a schedule is now available, arrangements for late work must be made in advance. Evaluation takes five forms: 
1. Comprehension of assigned readings, lectures, and discussions. Attendance is mandatory; all course requirements must be met to complete the course. 
2. Appropriate participation in Colloquium activities and discussion {Approximately 30%} 

3. Written Critiques {Critical Essays} & analysis of readings, Discussion Leader, etc. {30%} 

4. Colloquium Essay & Oral Presentation: Schedule follows {40%} 

5. Please note in advance that participants will be required to assume the expense of some photocopy costs for articles and for reproducing their research essay for seminar members.
6. Students interested in undertaking optional extra credit projects are encouraged to see their instructor early in the semester

Required Readings available at
Books:  Gator Textbooks, Creekside Mall, 3501 SW 2nd Avenue:  374.4500;
Map:
http://www.gatortextbooks.com

Reader:  Custom Copies:  377.4221: Map: http://www.customcopies.com/map.html




PART I:  SCIENCE - EVIDENCE - LAW: Some Theory & Some Historical Case Studies

WEEK I: 21 August: NO CLASS (Classes begin 22 August): In Preparation:

Readings: Review all course materials; Begin N. Zemon Davis; Visit WebSite beginning with Teaching Resources then move on to the other sections. Also prepare for discussion next week:
Discussion Topics:  What is Truth, Justice, The Good? How are they related to Science, Law, Evidence? Defining the issues:  Facts & Theories; Argument & Evidence; Explanation & Interpretation; Justice & Law; Truth & Convention; Competence & Expert Knowledge, etc. Readings: Begin N. Zemon Davis, The Return of Martin Guerre.


WEEK II: 28 August
T: E1-3:
Plotting Our Course - DVD Experience: 12 Angry Men (original)
Readings: Finish N. Zemon Davis; Read Davis and Findlay (Reader); Begin: Kuhn

Discussion Leaders:

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WEEK III: 4 September
T: E1-3: The Return of Martin Guerre: Evidence & History

Readings: Continue Kuhn

Discussion Leaders:
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WEEK IV: 10 September
T: E1-3: Thomas S. Kuhn: Facts & Theories; Knowledge & Belief

Readings: Finish Kuhn; Begin Certeau.
Discussion Leaders:
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WEEK V: 18 September
T: E1-3: Witchcraft at Loudun: Identity, Possession, Politics, Evidence

Readings: Finish Certeau; Begin: Hoffer
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WEEK VI: 25 September
T: E1-3:  Legal Evidence at Salem
Salem - Scholarly Sources

Readings: Finish Hoffer; Begin: Shapin
Discussion Leaders:
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WEEK VII: 2 October
T: E1-3:  Knowledge, Truth - Science, History: Are facts conventional?

Readings: Finish Shapin; Begin: Foucault

Discussion Leaders:

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WEEK VIII: 9 October
T: E1-3:  Science, Law, Sanity, Social Order - Competence & Expert Knowledge

Reading: Finish Foucault; Begin: Poovey

Discussion Leaders:

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WEEK IX: 16 October
T: E1-3:  A World of Facts

Reading: Finish Poovey; Begin: Larson

Discussion Leaders:

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WEEK X: 23 October
T: E1-3:  A World of Belief

Reading: Finish Larson; Begin Report on Course Essay

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WEEK XI: 29 October
T: E1-3:  Towards Some Semblance of Synthesis: Open Discussion

Reading: Review all required readings; Re-read your Critiques.
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WEEK XII: 6 November
T: E1-3: No Class: Individual Research 


WEEK XIII: 13 November
T: E1-3: No Class: Individual Conferences with Professor Hatch during the week

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WEEK XIV: 20 November
T: E1-3: No Class: Individual Conferences with Professor Hatch during the Week

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PART II:   Colloquium Presentations

WEEK XV: 27 November
T: E1-3:   Essay Presentation & Defense: {See WebSite for Guidelines}

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WEEK XVI: 4 December {NB: Classes end 5 December}
T: E1-3:   Essay Presentation & Defense: {See WebSite for Guidelines}

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Nota Bene:  Colloquium Essays are due in final form on date of presentation; they will be returned after Exam Week.  If you wish to have your essay returned, please supply a large (9x12) clasp envelope with appropriate postage and address.  I will arrange for a Special Federal Agent to deliver your Course Essay and final Course Grade to the address indicated.

Questions? Please E-me: ufhatch@ufl.edu
rah.v.2001


Need help with writing skills, bibliography, or other research resources?  Click Here:   X


To get started on Science - Evidence Law begin with the following Clicks:

US Federal Rules of Legal Evidence
US Federal Rules of Scientific Evidence
The Evidence Site - Excellent
Loudun Possessions (French, not scholarly)
Salem Witchcraft Scholarly Sources - Excellent
The Scopes Trial - Overview
DNA Evidence as Legal Evidence
Anti-Anti-Smoking 'Evidence'
Evidence for God
Bayesian Evidence in Law

 
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