Legal Alchemy: The Use and Misuse of Science in the Law

Faigman's text is an entertaining and fast-paced introduction to critical thinking. He covers interpreting texts (constitution), supporting arguments, recognizing ambiguity, and distinguishing fact from assumption. He squeezes the lessons of Kafka's "The Trial", and a brief history of science between lively moments in judicial decision-making.

Legal Alchemy is a nicely written and accurate description of the difficulties lawmakers face when judging science. In my twenty years experience writing and teaching about the use of science, particularly statistics, in law, I have never read such an engaging, thorough discussion of how the lawmakers turn scientific dross into gold and scientific gold into legal dross. This book is perfect for the layperson interested in the use of science in law. It contains innumerable examples of how scientific developments are treated in law and policy and discussion of all of the most important legal cases dealing with scientific evidence. Perhaps best of all, it contains Faigman's sound and well-reasoned judgments of various questions of scientific and legal policy.Legal Alchemy presents science and law at the perfect level for the intelligent lay person. I include judges, legislators, and lawyers in that group because, while knowledgeable about law, few know anything about science. To those lawmakers seeking a more detailed description of the science relevant to specific legal issues, I highly recommend another of Faigman's works, a multi-volume treatise titled MODERN SCIENTIFIC EVIDENCE. As to the critical comments from a reviewer on May 4, 2000, I cannot imagine what was motivating that person. I find Faigman's understanding of science and statistics to be more than adequate to the task. Most of Faigman's discussion of statistics appears in Chapter III. He does not explain statistics the way one statistician would to another statistician, and the lay reader will be thankful. He does explain the methodology correctly and thoroughly. I see no grounds for complaint. One who doubts Faigman's understanding of science should consult MODERN SCIENTIFIC EVIDENCE, mentioned in the previous paragraph.

This book is what might result if you crossed a book by Stephen Jay Gould with a book like A Civil Action. Like Gould and Harr, this book takes an interesting topic that most of us would not otherwise know about, and provides a vivid and accessible picture of what is happening. To illustrate his theme that the law often is ill-equipped to assimilate scientific findings, Faigman uses topics like gray wolves, the space station and our beloved SUV's. For what at first might sound like a "heavy" topic, the book flows right along, nicely spiced with the author's wry observations. I'd recommend this book to anyone whatever their background -- lawyer, scientist or someone who simply is interested in hot social topics.

Legal Alchemy provides a thoughtful, engaging and genuinely entertaining guide to the scientific and not-so-scientific information on which law-making in our society is often premised. Its numerous illustrations provide a basis for evaluating the law and policies purportedly generated by science, as well as a caution about leaving our lawmaker's use of science unchecked. Legal Alchemy is essential reading for everyone who is affected by law and law-making (i.e., everyone).