Beyond Common Knowledge: Reviewing the Use of Social Science Evidence in Australian Courts

Abstract

Courts are increasingly called upon to adjudicate hard cases involving questions of social facts. In deciding these matters, in a just and efficient manner according to law, courts will desirably have recourse to social science material and, perhaps less desirably, be influenced by underlying assumptions based on the decision-maker’s personal views. This article comments on three ways in which courts use social facts and treat social science material in the course of judicial decision-making. The authors suggest a ‘best practice’ approach for judges in approaching these questions, in the light of identified problems with the status quo.