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Experiencing Other Minds in the Courtroom$
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Neal Feigenson

Print publication date: 2016

Print ISBN-13: 9780226413730

Published to Chicago Scholarship Online: September 2017

DOI: 10.7208/chicago/9780226413877.001.0001

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Ex Machina

Ex Machina

(p.101) Six Ex Machina
Experiencing Other Minds in the Courtroom

Neal Feigenson

University of Chicago Press

Some simulations are based on computerized measurements of the litigant’s perceptual apparatus itself, potentially yielding the most objective and scientifically reliable recreations of the litigant’s sensory experience. This chapter briefly describes keratometry, the science of corneal measurement, and in particular, the machine-generated image simulation of distorted vision that wavefront technology makes possible. The case study involves another LASIK malpractice claimant, detailing how the image simulation was admitted over challenge at trial. As in previous chapters, the visual rhetoric of the exhibit is also explored: Its creation in the course of routine clinical practice enhanced its scientific credibility but, in contrast to the simulations analyzed earlier, reduced its capacity to immerse jurors in the litigant’s visual experience. The chapter concludes by arguing that trials have not yet educated legal participants and the public as well as they might about the epistemological value of scientific simulations of subjective experience.

Keywords:   keratometry, wavefront technology, image simulations, evidence, trials, trial practice, visual rhetoric

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