The Role Of Science In Law
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Author | : Robin Feldman |
Publisher | : Oxford University Press |
Total Pages | : 235 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0195368584 |
The allure of science -- Internalization of science in modern law -- Externalization in modern law -- The repetitions of history -- The nature of law -- What is science? -- Misunderstanding the limits of science -- Improving the role of science in law.
Author | : Elizabeth Mertz |
Publisher | : Routledge |
Total Pages | : 654 |
Release | : 2008 |
Genre | : Law |
ISBN | : |
The legal system relies on social science for answers to many tough questions. Social scientists study issues relevant to law. But are law and social science talking past one another? This collection of important articles and essays explores the difficult process of translation between these two fields, drawing on three different scholarly perspectives - the 'insider' approach which views social science as a tool that lawyers can use for legal ends, the 'outsider' approach of the law and society or sociology of law movement, and the study of the language of law. Each section of the volume combines theoretical articles with specific empirical examples, ranging from the death penalty through anti-discrimination law to family violence.
Author | : United States. Congress. House. Committee on Science and Technology. Subcommittee on Investigations and Oversight |
Publisher | : |
Total Pages | : 392 |
Release | : 2009 |
Genre | : Administrative regulation drafting |
ISBN | : |
Author | : Jacqueline Peel |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2010-11-04 |
Genre | : Law |
ISBN | : 113949323X |
The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.
Author | : |
Publisher | : |
Total Pages | : 430 |
Release | : 2009 |
Genre | : |
ISBN | : |
Author | : Angelo N Ancheta |
Publisher | : Rutgers University Press |
Total Pages | : 209 |
Release | : 2006-02-02 |
Genre | : Law |
ISBN | : 0813539315 |
Scientific and social scientific evidence has informed judicial decisions and the making of constitutional law for decades, but for much of U.S. history it has also served as a rhetorical device to justify inequality. It is only in recent years that scientific and statistical research has helped redress discrimination—but not without controversy. Scientific Evidence and Equal Protection of the Law provides unique insights into the judicial process and scientific inquiry by examining major decisions of the U.S. Supreme Court, civil rights advocacy, and the nature of science itself. Angelo Ancheta discusses leading equal protection cases such as Brown v. Board of Education and recent litigation involving race-related affirmative action, gender inequality, and discrimination based on sexual orientation. He also examines less prominent, but equally compelling cases, including McCleskey v. Kemp, which involved statistical evidence that a state’s death penalty was disproportionately used when victims were white and defendants were black, and Castaneda v. Partida, which established key standards of evidence in addressing the exclusion of Latinos from grand jury service. For each case, Ancheta explores the tensions between scientific findings and constitutional values.
Author | : Robert Bruce Lindsay |
Publisher | : |
Total Pages | : 336 |
Release | : 1963 |
Genre | : Science and civilization |
ISBN | : |
When Prince Krispin goes adventuring he discovers one advantage of staying safe at home.
Author | : Sheila Jasanoff |
Publisher | : MIT Press |
Total Pages | : 321 |
Release | : 2011-07-22 |
Genre | : Science |
ISBN | : 0262297787 |
Investigations into the interplay of biological and legal conceptions of life, from government policies on cloning to DNA profiling by law enforcement. Legal texts have been with us since the dawn of human history. Beginning in 1953, life too became textual. The discovery of the structure of DNA made it possible to represent the basic matter of life with permutations and combinations of four letters of the alphabet, A, T, C, and G. Since then, the biological and legal conceptions of life have been in constant, mutually constitutive interplay—the former focusing on life's definition, the latter on life's entitlements. Reframing Rights argues that this period of transformative change in law and the life sciences should be considered “bioconstitutional.” Reframing Rights explores the evolving relationship of biology, biotechnology, and law through a series of national and cross-national case studies. Sheila Jasanoff maps out the conceptual territory in a substantive editorial introduction, after which the contributors offer “snapshots” of developments at the frontiers of biotechnology and the law. Chapters examine such topics as national cloning and xenotransplant policies; the politics of stem cell research in Britain, Germany, and Italy; DNA profiling and DNA databases in criminal law; clinical trials in India and the United States; the GM crop controversy in Britain; and precautionary policymaking in the European Union. These cases demonstrate changes of constitutional significance in the relations among human bodies, selves, science, and the state.
Author | : Charles Gardner Geyh |
Publisher | : Stanford University Press |
Total Pages | : 560 |
Release | : 2011-08-09 |
Genre | : Law |
ISBN | : 0804782121 |
Top US legal scholars and political scientists examine how the law shapes judges’ behavior and decisions, and what it means for society at large. Although there is a growing consensus among legal scholars and political scientists, significant points of divergence remain. Contributors to What’s Law Got to Do with It? explore ways to reach greater accord on the complexity and nuance of judicial decision making and judicial elections, while acknowledging that agreement on what judges do is not likely to occur any time soon. As the first forum in which political scientists and legal scholars engage with one another on these hot button issues, this volume strives to establish a true interdisciplinary conversation. The inclusion of reactions from practicing judges puts into high relief the deep-seated and opposing beliefs about the roles of law and politics in judicial work. Praise for What’s Law Got to Do with It? “Geyh (associate dean for research and John F. Kimberling professor of law, Indiana Univ. School of Law) is well qualified to edit this reader about the interaction of law and politics in contemporary society. The contributors . . . are among the very best scholars in the legal and political science realm . . . . The writing is lively and easy to follow for the somewhat sophisticated reader . . . . Highly recommended.” —Choice “Readers will find these essays fascinating, thoughtful and sometimes infuriating, as conventional disciplinary wisdom is defended, modified and refuted. The result is a terrific text for all students of the legal process.” —Mark A. Graber, University of Maryland “This volume pulls together an excellent cast to examine one of the most intriguing and most difficult questions in the study of law and politics today—what role does law play in the job of judging? There is a lot to learn in these pages, and this book does a fine job of pushing the conversation forward.” —Keith Whittington, Princeton University
Author | : Lee C Mcintyre |
Publisher | : Routledge |
Total Pages | : 174 |
Release | : 2018-10-08 |
Genre | : Social Science |
ISBN | : 0429978928 |
The first full-length defense of social scientific laws to appear in the last twenty years, this book upholds the prospect of the nomological explanation of human behavior against those who maintain that this approach is impossible, impractical, or irrelevant. By pursuing an analogy with the natural sciences, Mclntyre shows that the barriers to nomological inquiry within the social sciences are not generated by factors unique to social inquiry, but arise from a largely common set of problems that face any scientific endeavor. All of the most widely supported arguments against social scientific laws have failed largely due to adherence to a highly idealized conception of nomologicality (allegedly drawn from the natural sciences themselves) and the limited doctrine of "descriptivism." Basing his arguments upon a more realistic view of scientific theorizing that emphasizes the pivotal role of "redescription" in aiding the search for scientific laws, Mclntyre is optimistic about attaining useful law-like explanations of human behavior.