The Weight of Scientific Evidence in Policy and Law

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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.