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Evolution IS a theory, and the disclaimer does state a FACT. Ask ANY scientist.

Any scientist?

Well evolution is a theory. It is also a fact. And facts and theories are different things, not rungs in a hierarchy of increasing certainty. Facts are the world's data. Theories are structures of ideas that explain and interpret facts. Facts don't go away when scientists debate rival theories to explain them. Einstein's theory of gravitation replaced Newton's in this century, but apples didn't suspend themselves in midair, pending the outcome. And humans evolved from ape-like ancestors whether they did so by Darwin's proposed mechanism or by some other yet to be discovered.

Evolution is a Fact and a Theory, Laurence Moran (Professor of Biochemistry, U. of Toronto).

Finally, there is an epistemological argument against evolution as fact. Some readers of these newsgroups point out that nothing in science can ever be "proven" and this includes evolution. According to this argument, the probability that evolution is the correct explanation of life as we know it may approach 99.9999...9% but it will never be 100%. Thus evolution cannot be a fact. This kind of argument might be appropriate in a philosophy class (it is essentially correct) but it won't do in the real world.

OK, I just asked two and they don't agree with you. Evolution is a theory, yes, but it's also a fact and cannot in 2002 be dismissed as a conjecture.

Actually by my reading of the excerpts you cited, both "counterexamples" seem to agree with me that evolution is a theory.

You are right though that I should be careful with typing quick categorical absolutes like "ANY scientist" to save energy and prevent carpal tunnel syndrome. I must be more careful and verbose. As this thread has proven, because I signed up for the Knuckle-Dragging Fundie Creationist team early on, my every sentence will be ground through the dictionary, Google, and a graduate text in logic.

So before you find a real counterexample (one can almost always find counterexamples to statements concerning "all" of a group of humans, after all), allow me to revise my statement:

The vast majority of scientists would agree with me that evolution is a theory.

Best,