The Role of Science in Law

Hardcover | March 12, 2009

byRobin Feldman

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The allure of science has always captivated members of the legal profession. Its siren's song offers a tune of perfection and the promise of endowing law with the respect and deference from society that lawyers crave. Both the bench and the bar continually look to science to rescue them fromthe discomfort of difficult legal decisions, and are frequently disappointed with the results. ications of taking a vigorously democratic approach to While most authors frame problems at the intersection of law and science in terms of how rapidly scientific information changes and how frequently the legal system distorts science, this book argues that problems at the intersection of law andscience flow not from the changing nature of science, but from the changing nature of law. With this in mind, the book uses examples from doctrines related to abortion, gene patenting, copyright, environmental regulation, antitrust law, the insanity defense, and other doctrines to explore thenature of law and to suggest approaches for making science work more effectively within the domain of law.

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The allure of science has always captivated members of the legal profession. Its siren's song offers a tune of perfection and the promise of endowing law with the respect and deference from society that lawyers crave. Both the bench and the bar continually look to science to rescue them fromthe discomfort of difficult legal decisions...

Robin Feldman is Professor of Law at the University of California Hastings College of the Law and specializes in the area of law and bioscience. She is the Director of Hastings' Law and Bioscience Project (L.A.B.) which has been designed to provide a forum of exchange for bioscience companies, law/venture capital firms, and academia in...

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Format:HardcoverDimensions:128 pages, 8.25 × 5.5 × 0.98 inPublished:March 12, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195368584

ISBN - 13:9780195368581

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Table of Contents

1. The Allure of Science2. Internalization of Science in Modern LawA. AbortionB. CopyrightC. Gene Patents3. Externalization in Modern LawA. Environmental RegulationB. Antitrust4. The Repetitions of HistoryA. Legal Theory MovementsB. Doctrinal Examples5. The Nature of LawA. Bounded AdaptationB. Is There Something Different About Law Related to Technology?C. The Mismatch of Law and Science6. What is Science?A. Science in Ancient HistoryB. The Separation of ScienceC. Science Confronted and ConfoundedD. An Uneasy Truce7. Misunderstanding the Limits of ScienceA. Problems in TranslationB. The Changing Nature of Law and Science8. Improving the Role of Science in LawA. Operating Within Law's ParametersB. Testing and TransformationC. Protecting the Structure of the DialogueD. The Embrace of Imperfection9. ConclusionIndex