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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.
This work argues that problems at the intersection of law and science flow not from the changing nature of science, but from the changing nature of law. It uses examples from doctrines related to abortion, gene patenting, copyright, and more, to explore the nature of law.
Author : Elizabeth Mertz Publisher : Routledge Page : 654 pages File Size : 48,9 Mb Release : 2008 Category : Law and the social sciences ISBN : STANFORD:36105064230076
The Role of Social Science in Law by Elizabeth Mertz Pdf
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.
Science and Risk Regulation in International Law by Jacqueline Peel Pdf
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.
"Increasingly, we use science and technology to help us fashion legal standards. The explosion of scientific testimony in the courtroom raises procedural questions for the practicing lawyer, as well as jurispudential questions about the future of the legal system. The first morning panel addresses the complex nature of scientific testimony and its ramifications regarding the need for experts, the power of trial judges and the viability of the lay jury. The second morning panel offers practical advice about how to properly qualify and examine expert scientific witnesses under the new standard set by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals. In addition, the second panel considers questions about the legal ethics of presenting 'junk science.' The final morning panel examines the changing definitions of causation and liability in the courtroom as a result of increased scientific knowledge and heightened public concern. It raises hotly debated issues, such as the relationship of pesticides to birth defects and electric generators to cancer. The afternoon session focuses on the use of 'objective; science in the regulation of risk in environmental law. The first panel is a primer for lawyers on some traditional scientific tests and assumptions. It includes practical advice on how to use science to advantage in the courtroom. Using the Clean Water Act for illustration, the second panel looks at how legal standards relate to 'objective' science. It examines how various regulatory approaches are used to translate indefinite scientific knowledge into legal specifications. The third panel asks the question: How clean is clean? The Superfund law is used to illustrate why it is so difficult to obtain scientific consensus on national clean-up standards." -- Course description.
Conference On Law And The Social Role Of Science. 1965. New York
Author : Conference On Law And The Social Role Of Science. 1965. New York Publisher : Unknown Page : 0 pages File Size : 49,7 Mb Release : 1966 Category : Science and law ISBN : OCLC:462110899
The Role of Customary Law in Sustainable Development by Peter Orebech,Fred Bosselman,Jes Bjarup,David Callies,Martin Chanock,Hanne Petersen Pdf
For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.
The Role of Law and Ethics in the Globalized Economy by Joseph Straus Pdf
Preface International conferences are not organized overnight—especially not when high ranking personalities from politics, business and academia should be offered an adequate platform for addressing and discussing highly relevant contemporary issues. The conference on “The Role of Law and Ethics in the Globalized Economy,” which took place on May 22 and 23, 2008 in the Bavarian Academy of Sciences and Humanities in Munich, was no exception. When the first preparations started at the end of 2006, neither the subprime crises nor the general crises of the global financial system, whose shock waves have rocked the financial businesses in subsequent months, were known; nor were they predictable or even imaginable. Based on our monitoring of the globalization process and its apparent impact—not only on the economic and technological environment, but also on the social en- ronment—it was appropriate for the conference to begin by serving as a platform for analysing the status quo of the process of globalization, as relevant to politics, business and academia, and for exploring how the interest groups in those domains cope with the challenges of globalization. In the end, however, the purpose of the conference was to produce proposals for conditions for “upwards” global compe- tion, meaning that minimum conditions should be worked out to enable people to live and labour humanely. Such conditions would be those which should help avoid otherwise inevitable frictions in society, both nationally and internationally.
Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration by M. Elvira Méndez-Pinedo,Jakub Handrlica,Cătălin-Silviu Săraru Pdf
This volume contains the scientific papers presented at the 2nd International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 17 May 2019 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into two chapters: Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration at European and International Level and Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration at National Level. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.
Secondary Rules of Primary Importance in International Law by Gábor Kajtár,Basak Çali,Marko Milanovic Pdf
The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.
The Role of International Environmental Law in Disaster Risk Reduction by Jacqueline Peel,David Fisher Pdf
Located at the intersection of international environmental and disaster law, this edited volume explores how environmental law approaches might be employed to reduce disaster risk, and how evolving policy tools for natural disasters influence environmental regimes focused on manmade risks.
