Peruzzi, Edoardo (2024) The Transfer of Economic Models into the Courtroom: A Failed Promise? [Preprint]

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Abstract

The contemporary justification for the transfer of scientific models from the realm of scientific research into various social and institutional contexts is usually based on two premises: first, that certain scientific models exert a discernible influence in those external contexts; second, that making use of scientific models outside of science is beneficial for the respective context. The purpose of this article is to discuss these two premises by focusing on the often-neglected case of the transfer of scientific models into the legal system, particularly the use of economic models in competition cases. Drawing on United States case law, I argue that (i) economic models often fail to exert a significant influence on judicial decision-making and that (ii) model-based evidence is frequently neutralized in the adversarial process, where it tends to serve primarily as a shield for weaker and less reliable evidence. As a result, rather than improving decision-making, the use of economic models in litigation can sometimes lead to worse outcomes, as decisions become grounded in weaker or less reliable evidentiary base.

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Item Type:	Preprint
Creators:	Creators Email ORCID Peruzzi, Edoardo edoardoperuzzi96@gmail.com 0000-0002-9379-4019
Keywords:	model transfer; scientific models; evidence; economic models; courtroom
Subjects:	Specific Sciences > Economics General Issues > Evidence General Issues > Models and Idealization General Issues > Science and Policy
Depositing User:	Dr. Edoardo Peruzzi
Date Deposited:	18 Dec 2024 13:35
Last Modified:	18 Dec 2024 13:35
Item ID:	24417
Subjects:	Specific Sciences > Economics General Issues > Evidence General Issues > Models and Idealization General Issues > Science and Policy
Date:	December 2024
URI:	https://philsci-archive.pitt.edu/id/eprint/24417

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