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The weight of scientific evidence in policy and law

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  • Krimsky, S.

Abstract

The term "weight of evidence" (WOE) appears in regulatory rules and decisions. However, there has been little discussion about the meaning, variations of use, and epistemic significance of WOE for setting health and safety standards. This article gives an overview of the role of WOE in regulatory science, discusses alternative views about the methodology underlying the concept, and places WOE in the context of the Supreme Court's decision in Daubert v Merrell Dow Pharmaceuticals, Inc (1993). I argue that whereas the WOE approach to evaluating scientific evidence is gaining favor among regulators, its applications in judicial processes may be in conflict with some interpretations of how the Daubert criteria for judging reliable evidence should be applied.

Suggested Citation

  • Krimsky, S., 2005. "The weight of scientific evidence in policy and law," American Journal of Public Health, American Public Health Association, vol. 95(S1), pages 129-136.
    • Handle: RePEc:aph:ajpbhl:10.2105/ajph.2004.044727_2
    DOI: 10.2105/AJPH.2004.044727
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    Cited by:

    1. Randall Lutter & Linda Abbott & Rick Becker & Chris Borgert & Ann Bradley & Gail Charnley & Susan Dudley & Alan Felsot & Nancy Golden & George Gray & Daland Juberg & Mary Mitchell & Nancy Rachman & Lo, 2015. "Improving Weight of Evidence Approaches to Chemical Evaluations," Risk Analysis, John Wiley & Sons, vol. 35(2), pages 186-192, February.
    2. Peter Wiedemann & Holger Schütz & Albena Spangenberg & Harald F. Krug, 2011. "Evidence Maps: Communicating Risk Assessments in Societal Controversies: The Case of Engineered Nanoparticles," Risk Analysis, John Wiley & Sons, vol. 31(11), pages 1770-1783, November.
    3. Maarten Pieter Schinkel, 2008. "Forensic Economics In Competition Law Enforcement," Journal of Competition Law and Economics, Oxford University Press, vol. 4(1), pages 1-30.
    4. Oliver Todt & José Luis Luján, 2014. "Analyzing Precautionary Regulation: Do Precaution, Science, and Innovation Go Together?," Risk Analysis, John Wiley & Sons, vol. 34(12), pages 2163-2173, December.
    5. Long Trinh & Giang Vu & Peter Steen & Piet Lens, 2013. "Climate Change Adaptation Indicators to Assess Wastewater Management and Reuse Options in the Mekong Delta, Vietnam," Water Resources Management: An International Journal, Published for the European Water Resources Association (EWRA), Springer;European Water Resources Association (EWRA), vol. 27(5), pages 1175-1191, March.
    6. Igor Linkov & F. Kyle Satterstrom, 2006. "Weight of Evidence: What Is the State of the Science?," Risk Analysis, John Wiley & Sons, vol. 26(3), pages 573-575, June.

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