So? First, the law doesn't have an exception for academic
studies with empirical conclusions.
But, second, and more important, the progress of social science
-- and other science -- doesn't consist solely of academic studies. How do
social scientists even figure out that some problem is worth investigating?
Often because people report on problems that they perceive to be present, based
on anecdotal accounts. (That's what was going on in this instance, as I
understand it; the speakers were working off reports that they had heard of
sexual abuse within the Muslim community.) If such reporting risks criminal
punishment, that important input to the social science process will be shut off.
What's more, say there is a study. At that point, it will often
be reported on, and challenged, sometimes immediately by other social
scientists but often by laypeople, legislators, interested activists, and so
on. These challenges will likewise often rely on anecdotal evidence, summaries
by people who have informally studied the community or the crime, and so on.
Without such challenges, other social scientists might not know that the first
study might be flawed, and might be worth conducting otherwise. Again, if such
challenges risk criminal punishment, that important input to the social science
process will be shut off.
Eugene
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar
Sent: Thursday, January 13, 2011 4:34 PM
To: Law & Religion issues for Law Academics
Subject: Re: Danish MP guilty of the crime of "insult[ing] or denigrat[ing]"
Muslims
This wasn't an academic study with empirical conclusions.
On Jan 13, 2011, at 7:28 PM, Volokh, Eugene wrote:
3. But say that it's false, and that this behavior isn't more common
among Muslims than among others. How can we possibly know that, if it's a
crime to challenge this orthodoxy? Social science facts, like other scientific
facts, can only be established through a process of argument and
counterargument. A study that shows there's no problem among Muslims is
credible only if we know that people are free to challenge the study, make
rival claims, design studies that are aimed to show the contrary, and so on.
If it's a crime to argue one position, then we can never know with any
confidence that the opposite position is correct.
--
Prof. Steven D. Jamar vox: 202-806-8017
Associate Director, Institute for Intellectual Property and Social Justice
http://iipsj.org
Howard University School of Law fax: 202-806-8567
http://iipsj.com/SDJ/
"The aim of education must be the training of independently acting and thinking
individuals who, however, see in the service to the community their highest
life achievement."
Albert Einstein
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