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REVIEW SYMPOSIUM COMMENT
Critical Empiricism
William C. Whitford
2. These capacitiesare much emphasizedby Coombe in an essayin this issue and are
the sourcesof what she there calls subjectivity.
3. A graphic,and tragic,recent exampleof this common understandingis the official
explanationgiven for the shooting down of an Iranianpassengerairlinerby an American
warshipin the PersianGulf. That explanationattributedthe tragedyto a misreadingof
imageson a radarscreenby Americanservicemenin battle for the first time and biasedby
the emotions of that circumstanceto interpretthe imagesas suggestingan attackon their
ship that was in fact not occurring.
4. Though never with quite the specificitystated in the text, there are critiquesof the
Law & Society movementby other CriticalLegalScholarsthat come close to questioning
the abilityof empiricalresearchto teach anythingnot learnablein other ways. See Kelman,
Critical Empiricism 63
cardingwhole world views, or ideologies,in favorof others. But I have in mind as "trans-
formative"even little insights as long they are not logicallycompelled from preexisting
knowledge. The second partof this commentdiscusseswhetherlittle insightscan qualifyas
"criticalempiricism."
8. Archimedes'principleis that an object submergedin waterdisplacesits volume re-
gardlessof the object'sweight. I was told in my high school physicsclass that Archimedes
arrivedat the insight while in the bathtub,whereuponhe jumpedout, unclothed,and ran
into the street shouting "Eureka,I have it."
9. Macaulay,"Non-contractualRelationsin Business: A PreliminaryStudy," 28 Am.
Soc. Rev. 55 (1963).
Critical Empiricism 65
Handler,The Discretionary
Decision(1986);H. Goldstein, Reshaping
the PoliceFunction:The
Problem-oriented
Approach(forthcoming,1989).