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Issues spawned by the headlong pace of developments in science and technology fill the courts. The realm of the law is sometimes at a loss—constrained by its own assumptions and practices, Jasanoff suggests. This book exposes American law’s long-standing involvement in constructing, propagating, and perpetuating myths about science and technology.
This book introduces law to computer scientists and other folk. Computer scientists develop, protect, and maintain computing systems in the broad sense of that term, whether hardware (a smartphone, a driverless car, a smart energy meter, a laptop, or a server), software (a program, an application programming interface or API, a module, code), or data (captured via cookies, sensors, APIs, or manual input). Computer scientists may be focused on security (e.g. cryptography), or on embedded systems (e.g. the Internet of Things), or on data science (e.g. machine learning). They may be closer to mathematicians or to electrical or electronic engineers, or they may work on the cusp of hardware and software, mathematical proofs and empirical testing. This book conveys the internal logic of legal practice, offering a hands-on introduction to the relevant domains of law, while firmly grounded in legal theory. It bridges the gap between two scientific practices, by presenting a coherent picture of the grammar and vocabulary of law and the rule of law, geared to those with no wish to become lawyers but nevertheless required to consider the salience of legal rights and obligations. Simultaneously, this book will help lawyers to review their own trade. It is a volume on law in an onlife world, presenting a grounded argument of what law does (speech act theory), how it emerged in the context of printed text (philosophy of technology), and how it confronts its new, data-driven environment. Book jacket.
Psychological research can provide constructive explanations of key problems in the criminal justice system--and can help generate solutions. This state-of-the-art text dissects the psychological processes associated with fundamental legal questions: Is a suspect lying? Will an incarcerated individual be dangerous in the future? Is an eyewitness accurate? How can false memories be implanted? How do juries, experts, forensic examiners, and judges make decisions, and how can racial and other forms of bias be minimized? Chapters offer up-to-date reviews of relevant theory, experimental methods, and empirical findings. Specific recommendations are made for improving the quality of evidence and preserving the integrity of investigative and legal proceedings.
Founded and rooted in Enlightenment values, the United States is caught between two conflicting imperatives when it comes to war: achieving perfect security through the annihilation of threats; and a requirement to conduct itself in a liberal and humane manner. In order to reconcile these often clashing requirements, the US has often turned to its scientists and laboratories to find strategies and weapons that are both decisive and humane. In effect, a modern faith in science and technology to overcome life's problems has been utilized to create a distinctly 'American Way of Warfare'. Carvin and Williams provide a framework to understand the successes and failures of the US in the wars it has fought since the days of the early Republic through to the War on Terror. It is the first book of its kind to combine a study of technology, law and liberalism in American warfare.
A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.
"THE LAW-SCIENCE CHASM" is a socio-legal study that takes seriously the varying approaches to science that physicians and scientists use, as compared to legal actors such as judges and lawyers. Offering a way to mediate and translate their different perspectives and assumptions, Gilson uses sociological and philosophical methodologies to explain each discipline to the other. "Gilson's book takes seriously the idea of the autopoietic closure of society's communicative subsystems and works out the consequences in particular for science and law. This analysis both lends support to the credibility of the approach adopted and sheds light on the problems and the direction in which potential solutions might lie.... The book consequently makes an important contribution not only to the literature dealing with the relationship between science and law but also to the literature dealing with the application of autopoietic systems theory to tangible concerns. This book is therefore of clear significance to those continuing to wrestle with the challenges thrown up by science for law and policy even when the spotlight of public attention is directed elsewhere." -- JOHN PATERSON, Professor of Law, University of Aberdeen (from the Foreword) Part of the new "Dissertation Series" from Quid Pro Books.
The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.
In dem Band wird erörtert, ob die Strafrechtstheorie (bzw. die allgemeine Rechtstheorie) als ein Zweig der Wissenschaft angesehen werden kann. Dabei werden folgende Fragen behandelt: In welchem Sinne ist die Strafrechtslehre eine Form der Wissenschaft? Kann es systemische Entwicklungen in der Strafrechtstheorie geben? Die Frage nach dem Wesen der strafrechtlichen Erkenntnis ist eng verknüpft mit der Frage, was Rechtswissenschaft im Allgemeinen ausmacht. Eine Diskussion im Bereich des Strafrechts kann einen Beitrag zur allgemeinen Diskussion in der Rechtstheorie leisten und deutlich machen, wo die Strafrechtstheorie steht, wenn die juristische Forschung mit den Herausforderungen der Interdisziplinarität konfrontiert wird. Mit Beiträgen von Petter Asp, Thomas Elholm, Liang Genlin, Luís Greco, Eric Hilgendorf, Jørn Jacobsen, Heike Jung, Massimiliano Lanzi, Shin Matsuzawa, Kimmo Nuotio und Michael Pawlik.
This volume examines the role of law and science in ocean management. Topics addressed include the ecosystems approach to fisheries management, ocean exploration, marine science capacity building, marine science and policy, marine science and law, as well as biological diversity, genetic resources and the law of the sea. The book contains a foreword by the President of Ireland and keynote addresses by the European Commissioner for Fisheries and Maritime Affairs; the Assistant Director of UNESCO and Executive Secretary of the International Oceanographic Commission; as well as the Secretary-General of the International Seabed Authority. The remainder of the volume contains comprehensive papers from jurists, scholars, diplomats and scientists from over 20 countries and international organisations. The collection contains a CD which provides visual and other material not contained in the primary text, including the text of the UN Law of the Sea Convention and additional documents, the PowerPoint presentations, and an index to the six-volume series United Nations Convention on the Law of the Sea 1982: A Commentary This book contains the proceedings from the thirtieth annual conference of the Center for Oceans Law and Policy, University of Virginia School of Law, which marked the tenth anniversary of Ireland’s ratification of the 1982 United Nations Convention on the Law of the Sea.
This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.