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Based on the proceedings of a conference under the auspices of the Rockefeller University and the Walter E. Meyer Research Institute of Law.
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.
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.
Issues spawned by the headlong pace of developments in science and technology fill the courts. How should we deal with frozen embryos and leaky implants, dangerous chemicals, DNA fingerprints, and genetically engineered animals? The realm of the law, to which beleaguered people look for answers, is sometimes at a loss—constrained by its own assumptions and practices, Sheila Jasanoff suggests. This book exposes American law’s long-standing involvement in constructing, propagating, and perpetuating a variety of myths about science and technology. Science at the Bar is the first book to examine in detail how two powerful American institutions—both seekers after truth—interact with each other. Looking at cases involving product liability, medical malpractice, toxic torts, genetic engineering, and life and death, Jasanoff argues that the courts do not simply depend on scientific findings for guidance—they actually influence the production of science and technology at many different levels. Research is conducted and interpreted to answer legal questions. Experts are selected to be credible on the witness stand. Products are redesigned to reduce the risk of lawsuits. At the same time the courts emerge here as democratizing agents in disputes over the control and deployment of new technologies, advancing and sustaining a public dialogue about the limits of expertise. Jasanoff shows how positivistic views of science and the law often prevent courts from realizing their full potential as centers for a progressive critique of science and technology. With its lucid analysis of both scientific and legal modes of reasoning, and its recommendations for scholars and policymakers, this book will be an indispensable resource for anyone who hopes to understand the changing configurations of science, technology, and the law in our litigious society.