Posted on 01/10/2006 4:51:17 AM PST by tpeters
Welcome to Science Court
The ruling in the Dover evolution trial shows what the legal and scientific processes have in common--intellectual rigor
Chris Mooney; January 9, 2006
Legally speaking, Judge John E. Jones III's ruling in Kitzmiller v. Dover Area School District--Pennsylvania's much-discussed lawsuit over the teaching of "intelligent design"--can only be called conservative. The decision draws upon and reinforces a series of prior court precedents, all of which barred creationist encroachment upon the teaching of science in public schools.
In another sense, though, Jones' ruling is revolutionary. We live in a time when the findings of science themselves increasingly seem to be politically determined--when Democrat "science" is pitted against Republican "science" on issues ranging from evolution to global warming. By contrast, Jones' opinion strikes a blow for the proposition that when it comes to matters of science, there aren't necessarily two sides to every story.
Over the course of a lengthy trial, Jones looked closely at the scientific merits of "intelligent design"--the contention that Darwinian evolution cannot explain the biological complexity of living organisms, and that instead some form of intelligence must have created them. And in the end, the judge found ID utterly vacuous. "[ID] cannot be adjudged a valid, accepted scientific theory," Jones wrote, "as it has failed to publish in peer-reviewed journals, engage in research and testing, and gain acceptance in the scientific community."
ID critics have been making these same observations for years; so have leading American scientific societies. Meanwhile, investigative reporters and scholars studying the ID movement have demonstrated that it is, indeed, simply creationism reincarnated--all religion and no science. On the intellectual merits, ID was dead a long time ago. But before Judge Jones came along, it's astonishing how hard it was to get that acknowledged, unequivocally, in public discussion of the issue.
Up until the Dover trial, well-funded ID proponents based at Seattle's Discovery Institute had waged a successful media campaign to sow public doubts about evolution, and to convince Americans that a true scientific "controversy" existed over Darwin's theory. And thanks in part to the conventions of television news, editorial pages, and political reporting--all of which require that "equal time" be allotted to different views in an ongoing political controversy--they were succeeding.
For example, a national survey conducted this spring by Ohio State University professor Matthew Nisbet in collaboration with the Survey Research Institute at Cornell University found serious public confusion about the scientific basis for intelligent design. A slight majority of adult Americans (56.3 percent) agreed that evolution is supported by an overwhelming body of scientific evidence, but a very sizeable proportion (44.2 percent) incorrectly thought the same of ID.
Ritualistically "balanced" news media coverage may not be the sole cause of such confusion, but its can hardly have helped. Consider just one of many examples of how journalists, in their quest for "objectivity," have lent undue credibility to ID. The York Dispatch, one of two papers covering the evolution battle in Dover, Pennyslvania, repeatedly summarized the two sides of the "debate" thusly: Intelligent design theory attributes the origin of life to an intelligent being. It counters the theory of evolution, which says that people evolved from less complex beings. Here we witness the reductio ad absurdum of journalistic "balance." Despite staggering scientific consensus in favor of evolution--and ample documentation of the religious inspiration behind the "intelligent design" movement--evolution and ID were paired together by the Dispatch as two competing "theories."
Judge Jones took a thoroughly different approach, actually bothering to weigh the merits of competing arguments. He inquired whether an explanation that inherently appeals to the supernatural--as "intelligent design" does--can be scientific, and found that it cannot. He searched for published evidence in scientific journals supporting the contentions of the ID movement--and couldn't find it. And in his final opinion, he was anything but "balanced."
We have seen this pattern before. During the early 1980s, the evolution trial McLean v. Arkansas pitted defenders of evolutionary science against so-called scientific creationists--the precursors of today's ID proponents. Today, few take the claims of "scientific creationism, such as the notion that the earth is only a few thousand years old, very seriously. At the time, however, proponents of creation science were treated very seriously by members of the national media covering the trial. According to a later analysis of the coverage by media scholars, reporters generally tried to create a balance between the scientific-sounding claims of the scientific creationists and the arguments of evolutionary scientists.
But in the McLean decision, judge William Overton did no such thing. Rather, the judge carefully investigated whether "creation science" fit the norms of science at all--and found that it did not. Overton therefore concluded that the attempt by the state of Arkansas to include "creation science" in science classes was a transparent attempt to advance a sectarian religious perspective, as barred by the First Amendment. Now, Judge Jones is following in Overton's footsteps very closely. In his decision, Jones cites the McLean case repeatedly.
If there's an underlying moral to be derived from Judge Jones' decision, then, it may be this. It's very easy to attack well-established science through a propaganda campaign aimed at the media and the public. That's precisely what "intelligent design" proponents have done--and they're hardly alone in this. However, it's much more difficult for a PR attack on established science to survive the scrutiny of a serious, independent judge.
That hardly means that courts are more qualified than scientists to determine the validity of evolutionary theory, or other scientific findings. But in their investigative rigor, their commitment to evidence, and their unhesitating willingness to decide arguments on their merits, courts certainly have much more in common with the scientific process than many of today's major media journalists do. The fact that today Judge Jones has become America's leading arbiter of what counts as science certainly underscores his own intellectual seriousness. But it also exposes the failure of other gatekeepers.
Don't worry, the courts will decree that environmentalism is the only true scientific view acceptable.
And of course you'll have to accept it because after all, judges determine what is science or what is true.
Courts function to give finality to questions of public importance. If they get the right answer that is a plus, and oftentimes they do. To pretend that they are the best arbiters in questions of science is ridiculous, however. (Anyone remember Roe?) The hoopla Darwinists have been giving this decision (which is not above criticism) is the online equivalent of turning over cars in the wake of your team's big win. We've seen these cases before, and no one should be surprised at the result.
Having read the opinion (okay, I'll admit, I skimmed it because it is long and I wasn't getting paid to read it) it looked to me that the decision was based as much on the motivations of the ID-favoring school board members as science. I do not think it is accurate to pretend that this court was equipped for and had the inclination to determine purely scientific merits for all time. (Remember, any court's opinion is a piece of PERSUASIVE, APOLOGETIC writing whose purpose is to explain and justify the decision. It is emphatically not, in itself, a fair review of the evidence!)
Having said that, I think the whole debate detracts from both science and religion. Darwinism has been used to beat religion over the head for a long time now, and some religious people have, wisely or otherwise, decided to fight back with the same weapons. Maybe the latter will have the better science after all. However, western Christianity has sometimes tended to be a little too far removed from the "my kingdom is not of this world" theme. And I am not here to debate or disparage anyone, but this whole controversy is more important to the minority of Christians who believe in the literal interpretation of the Bible in all regards.
Darwnisim? To the extent many people use it to stridently promote an agenda it is going to have to exist alongside global warming, heterosexual AIDS epidemic, Korean cloning and all the other junk science we have become accustomed to in these days. (Not saying it IS junk science, just saying that it tastes similar, which makes you wonder.)
In the end, I prefer Dembski to Dawkins and the fact that Darwinists seem to enjoy having people like Dawkins as their unofficial spokesman leaves me with the same feeling when the Moslem world does not object to the latest blathering from a black-turbaned cleric. When it comes time to choose up sides, I just can't see Dawkins as my leader, so here we are.
> I wish someone would be as rigorous in debunking the claims of the environmentalists.
See: Penn & Teller.
> As young people become atheists, it encourages them to engage in promiscuous sex, drug use, and anti-family behavior.
Wow. You actually *believe* that rubbish?
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Hmmm, I'm an atheist who was not promiscuous, doesn't do drugs and has a pretty solid family. So where did you get this crap?
They come to believe that no one is watching and no one cares.
You are the one who is morally bankrupt if the only reason you don't do bad things is because you think someone's watching. What truly matters is your conduct when no one's watching.
Atheistic teachings in the schools should be reported, schools that actively propagate atheism should be identified,
There is a difference between not teaching religion and teaching atheism. Given the number of highly religious people who accept evolution, including the Pope, I can't see how teaching the scientific theory of evolution in itself can be teaching atheism.
OTOH, teaching kids critical thinking skills in general can lead them to atheism.
Not everybody at CSICOP is a secular humanist. But they are all skeptics, supported by the fact that nobody has been able to pass their million dollar challenge by demonstrating paranormal abilities.
Quantum mechanics was not studied for three decades???
Then the Manhattan Project didn't happen?
Damn, you beat me.
The Manhattan Project was "Particle Physics" not quantum mechanics.
No. We live by the grace of the FSM.
" 'Character' is what you are in the dark."
- John Whorfin
:^)
Complete nonsense. In fact, most of the major advances in quantum mechanics were made in the three decades after its first formulation.
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