Science at the Bar
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.
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Other editions - View all
Science at the Bar: Law, Science, and Technology in America
Sheila JASANOFF,Sheila Jasanoff
Limited preview - 2009
administrative agencies Agent Orange American animal Bendectin biotechnology breast implants cancer carcinogens causation challenge Chapter chemical claims clinical ecology concern conflicts construction controversies Court of Appeals courtroom credibility culture D.C. Circuit death decisionmaking decisions deconstruction developed disease disputes DNA fingerprinting DNA typing ence environmental ethical example expert witnesses expertise exposure fact-finding federal genetically engineered George Annas human institutions interpretation involving issues Journal judges judicial review jury knowledge law and science Law Review law's lawsuits lawyers legal process legal system litigation malpractice ment normative opinion patients peer review physicians plaintiffs political practice problems procedures products liability professional Quinlan regulation regulatory right to die right-to-die rules science and technology science court scientists Sheila Jasanoff social society standard Steven Goldberg studies Supp Supreme Court surrogacy technical testimony tion toxic tort Trevor Pinch trial University Press York