Law in Contemporary Society

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ThaliaJulme-FirstPaper 4 - 14 Feb 2008 - Main.AmandaRichardson
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The first step is to determine why modern man has such an admiration for statistics. What is gained by quantifying? Quantification imbues an argument with a sense of certainty. Statistics cloak a position or a theory with the power and authority of science. One armed with statistics can claim a certain level of control over his subject matter. Statistics thus serve a legitimizing function. While there does not seem to be anything inherently wrong with this function, concrete examples, however, reveal the many practical problems associated with statistics and the law. For one, courts seem to be incapable of using statistics properly. Stubbs v City of Rochester, a torts case, serves as a case in point. Yet, the overuse of statistics would be problematic even if they could be used accurately.
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The first step is to determine why modern man has such an admiration for statistics. What is gained by quantifying? Quantification imbues an argument with a sense of certainty. Statistics cloak a position or a theory with the power and authority of science. One armed with statistics can claim a certain level of control over his subject matter. Statistics thus serve a legitimizing function. While there does not seem to be anything inherently wrong with this function, concrete examples, however, reveal the many practical problems associated with statistics and the law. For one, courts seem to be incapable of using statistics properly. Stubbs v City of Rochester (the typhoid water case) serves as a case in point. Yet, the overuse of statistics would be problematic even if they could be used accurately.
 

Subsection B Statistics and the conceptualizing of the criminal Other.

Crime statistics, as reported on government sites and in the popular media, allow the public to assume they can form a clear picture of the criminal Other. They help in the conceptualization of the Other. They allow the good citizen to determine which crimes affect which people in which neighborhoods. Statistics thus serve an important social role.

Revision 4r4 - 14 Feb 2008 - 23:15:39 - AmandaRichardson
Revision 3r3 - 14 Feb 2008 - 23:10:49 - ThaliaJulme
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