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Search - Legal Alchemy: The Use and Misuse of Science in The Law

Legal Alchemy The Use and Misuse of Science in The Law
Author: David L. Faigman

Cases involving silicone breast implants, abortion, DNA profiling, handwriting identification analysis, Brown v. Board of Education, global warming, air bags, saccharin wars, the space station, rape trauma syndrome, sport utility vehicles, and many others, have all involved scientific evidence in the American legislative or judicial systems. The... more »re is not an agency in the country, from the Environmental Protection Agency to Housing and Urban Development, which does not regularly rely on scientific knowledge of one sort or another. Since 1993, the Supreme Court has decided three major scientific evidence cases, which have raised as many questions as they have answered. They have also placed the matter of science in the law at the top of both the federal and state courts' agendas. The House and Senate, similarly, have recently considered legislation on the use of science in federal trial courts. The intersection of law and science, however, is not merely the concern of lawyers, policy makers, judges, and scientists. Regulations, consumer protection, the fate of endangered species, or our prurient interest in the forensic evidence of this year's "crime of the century" are only a few of the ways we are affected every day by lawmaker's use of science. In Legal Alchemy, David Faigman explores the ways the American legal system incorporates scientific knowledge into its decision making. He shows how science has been used in the courtroom, reveals how Congress uses scientific information to help enact legislation, and examines the ways administrative agencies employ science to determine policy. As he describes these and other important cases, Faigman provides disturbing evidence that many judges, juries, and members of Congress simply don't understand the science behind their decisions, and he offers suggestions on how science and the law can overcome their miscommunication and work together more effectively. Faigman's description of a range of celebrated examples, from the Salem Witch Trials, the Scopes Trial, and the human genome project demonstrate that law and science are jealous competitors for the job of describing both the empirical world and the moral system that governs that world. It is an on-going struggle. Frequently, new issues arise which present the question of how policy should be set in light of the science. In Legal Alchemy, Faigman combines his academic knowledge with his familiarity with recent issues and offers a broad perspective that is important for policy makers, administrators, and constituents. The story of the uneasy relationship between science and law is complex, subtle, and endlessly fascinating. Combining the intellectual energy of scientific exploration with the human drama of the courts, Legal Alchemy is essential reading for anyone interested in building legal foundations that are sound in science as well as in law.

ISBN-13: 9780716731436
ISBN-10: 0716731436
Publication Date: 8/15/1999
Pages: 233
Rating:

0 stars, based on 0 rating

Publisher: St. Martin's Press
Book Type: Hardcover
Other Versions: Paperback
Members Wishing: 0
Reviews: Amazon | Write a Review

Genres:

Science & Math >> General
Law >> Legal Theory & Systems >> Science & Technology
Engineering & Transportation >> Law >> Perspectives on Law >> Science & Technology

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