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The relationship between law and science has developed apace over the last three decades. This collection brings together the most important and influential papers theorising that relationship, including papers that seek to protect law’s autonomy against the perceived unwelcome inroads of science, and those that seek to shape and change law by incorporating the latest scientific developments. The papers span historical overviews of the attempts by legal scholars to model legal science on scientific methodology, to efforts by legal philosophers scrutinising the claims made on behalf of genetics and neuroscience as to their implications for law and legal concepts. The volume also includes a section on the famous debate within American case law over what constitutes good science. The volume contains a substantive introduction and detailed bibliography
Science and law --- Law
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Law --- Science and law. --- Philosophy.
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"Philosophers, legal scholars, criminologists, psychiatrists and psychologists have long asked important questions about punishment: What is its purpose? What theories helps us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts, in a single, comprehensive volume. Alternatives to Current Punishment Practices A volume Introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global studies. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment"-- It covers the major theoretical approaches to punishment and its alternatives, emerging research from biology, psychology, and social neuroscience, and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention and Punishment IV.
Punishment --- Science and law. --- Philosophy.
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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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Science --- -Liberty --- Science and law --- Social aspects
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