Law and the Social Role of Science

Law and the Social Role of Science PDF Author: Conference On Law And The Social Role Of Science. 1965. New York
Publisher:
ISBN:
Category : Science and law
Languages : en
Pages : 0

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Law and the Social Role of Science

Law and the Social Role of Science PDF Author: Harry W. Jones
Publisher:
ISBN:
Category :
Languages : en
Pages : 242

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Law and the Social Role of Science

Law and the Social Role of Science PDF Author: Harry Willmer Jones
Publisher: Rockefeller Univ. Press
ISBN:
Category : Law
Languages : en
Pages : 262

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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.

Social Science, Social Policy, and the Law

Social Science, Social Policy, and the Law PDF Author: Patricia Ewick
Publisher: Russell Sage Foundation
ISBN: 1610441915
Category : Law
Languages : en
Pages : 400

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Book Description
Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.

Law and the Social Role of Science

Law and the Social Role of Science PDF Author: Harry W. Jones
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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The Role of Social Science in Law

The Role of Social Science in Law PDF Author: Elizabeth Mertz
Publisher: Routledge
ISBN:
Category : Law and the social sciences
Languages : en
Pages : 654

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Book Description
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 Role of Science in Law

The Role of Science in Law PDF Author: Robin Feldman
Publisher: Oxford University Press
ISBN: 0195368584
Category : Law
Languages : en
Pages : 235

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Book Description
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.

Science at the Bar

Science at the Bar PDF Author: Sheila Jasanoff
Publisher: Harvard University Press
ISBN: 0674039122
Category : Science
Languages : en
Pages : 304

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Book Description
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.

Sociology of Law as the Science of Norms

Sociology of Law as the Science of Norms PDF Author: Håkan Hydén
Publisher: Routledge
ISBN: 1000533107
Category : Law
Languages : en
Pages : 316

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Book Description
This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.

Laws And Explanation In The Social Sciences

Laws And Explanation In The Social Sciences PDF Author: Lee C Mcintyre
Publisher: Routledge
ISBN: 0429978928
Category : Social Science
Languages : en
Pages : 174

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Book Description
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.