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ERIC Number: EJ870457
Record Type: Journal
Publication Date: 2009-Dec
Pages: 13
Abstractor: As Provided
Reference Count: 34
ISBN: N/A
ISSN: ISSN-0968-7599
Silenced in the Court: Meanings of Research and Difference in the US Legal System
Morton, Missy
Disability & Society, v24 n7 p883-895 Dec 2009
In this paper I report a qualitative study of a series of court decisions concerning the meanings of science and the gold standard of special education research. I describe two sets of court proceedings and subsequent decisions that considered the admissibility of statements purportedly given by disabled children using a strategy known as facilitated communication. The legal decisions focused on the admissibility of novel scientific evidence. I draw on Minow's descriptions and critique of three approaches to legal analysis to interrogate the two court decisions. I have argued that the legal system privileges a particular kind of scientific discourse, based on the traditional scientific method that emphasizes empiricist forms over questions of rights or value. This discourse dismisses and disqualifies forms of knowing and the subjects who claim to know about their own lives. (Contains 5 notes.)
Routledge. Available from: Taylor & Francis, Ltd. 325 Chestnut Street Suite 800, Philadelphia, PA 19106. Tel: 800-354-1420; Fax: 215-625-2940; Web site: http://www.tandf.co.uk/journals
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Adult Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A