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This interdisciplinary study explores the relationship between conceptions of nature and (largely American) legal thought and practice. It focuses on the politics and pragmatics of nature talk as expressed in both extra-legal disputes and their transformation and translation into forms of legal discourse (tort, property, contract, administrative law, criminal law and constitutional law). Delaney begins by considering the pragmatics of nature in connection with the very idea of law and the practice of American legal theorization. He then traces a set of specific political-legal disputes and arguments. The set consists of a series of contexts and cases organized around a conventional distinction between 'external' and 'internal nature': forces of nature, endangered species, animal experiments, bestiality, reproductive technologies, genetic screening, biological defenses in criminal cases, and involuntary medication of inmates. He demonstrates throughout that nearly any construal of 'nature' entails an interpretation of what it is to be (distinctively) human.

Science and law. --- Natural law. --- Law --- Philosophy. --- Philosophy --- General and Others --- Law - United States - Philosophy.

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The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.

Risk management --- Science and law. --- International law. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Law and science --- Science --- Law and legislation. --- Law and legislation --- General and Others --- Risk management - Law and legislation --- Science and law --- International law

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Law and the social sciences --- Sociological jurisprudence --- Law --- Science and law --- Law. --- Law and the social sciences. --- Science and law. --- Sociological jurisprudence. --- Periodicals --- General and Others --- Social sciences and law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Law and society --- Society and law --- Sociology of law --- Law and science --- Sociology --- Social sciences --- Jurisprudence --- Legislation --- Regions --- Science --- Law and legislation

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Title of a conference given by Kirchmann in the Berlin Legal Society in 1847 and later successfully published in 1848. The sentence there included (“three rectifying words by the legislator, and entire libraries would become completely useless”) established Kirchmann as a decisive reference and was made popular under the name of “Kirchmann’s curse”. His rejection of legal positivism and German Historical School placed him near social naturalists, who also criticized both the distance of Legal Science from actual legal issues and its strong dependence on inadequate positive law. Kirchamann’s thought is, therefore, characterized by the denial of the validity of Legal Science. Título de una conferencia dictada por Kirchmann en 1847 en una sociedad jurídica de Berlín y publicada con éxito en 1848. La frase “tres palabras rectificadoras del legislador y bibliotecas enteras se convierten en papel mojado” incluida en ella ha consagrado al autor y es conocida como la maldición de Kirchmann. Al rechazar tanto la escuela histórica como el positivismo, se sitúa en un naturalismo social que critica, al mismo tiempo, tanto la lejanía de la ciencia jurídica respecto a los problemas reales del derecho, como su dependencia de un derecho positivo inadecuado. Por ello, en el pensamiento del autor la ciencia jurídica se encuentra en una situación comprometida.

Jurisprudence. --- Science and law. --- Jurisprudencia. --- Ciencia y derecho. --- Law and science --- Science --- Law --- Law and legislation --- Philosophy --- Legal Science --- Positive law --- Natural law --- Ciencia jurídica --- Ley positiva --- Derecho natural

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It is an article of faith in America that scientific advances will lead to wondrous progress in our daily lives. Americans proudly support scientific research that yields stunning breakthroughs and Nobel prizes. We relish the ensuing debate about the implications—moral, ethical, practical—of these advances. Will genetic engineering change our basic nature? Will artificial intelligence challenge our sense of human uniqueness? And yet the actual implementation of these technologies is often sluggish and much-delayed. From Star Trek to Jurassic Park, the American imagination has always been fascinated by the power of scientific technology. But what does the reality of scientific progress mean for our society? In this controversial book, Steven Goldberg provides a compelling look at the intersection of two of America's most powerful communities—law and science—to explain this apparent contradiction. Rarely considered in tandem, law and science highlight a fundamental paradox in the American character, the struggle between progress and process. Science, with its ethic of endless progress, has long fit beautifully with America's self image. Law, in accordance with the American ideal of giving everyone a fair say, stresses process above all else, seeking an acceptable, rather than a scientifically correct, result. This characteristic has been especially influential in light of the explosive growth of the legal community in recent years. Exposing how the legal system both supports and restricts American science and technology, Goldberg considers the role and future of three projects—artificial intelligence, nuclear fusion, and the human genome initiative—to argue for a scientific vision that infuses research with social goals beyond the pure search for truth. Certain to provoke debate within a wide range of academic and professional communities, Culture Clash reveals one of the most important and defining conflicts in contemporary American life.

Science and law --- Research --- Law - U.S. --- Law, Politics & Government --- Law - U.S. - General --- Law and legislation --- Science and law. --- Droit et science --- Law and science --- Recht en wetenschap --- Science et droit --- Wetenschap en recht --- Law --- United States --- Research - Law and legislation - United States. --- Science --- American. --- Clash. --- Culture. --- Exposing. --- Goldberg. --- between. --- both. --- character. --- conflict. --- contemporary. --- defining. --- fundamental. --- highlights. --- important. --- legal. --- life. --- paradox. --- process. --- progress. --- restricts. --- reveals. --- science. --- struggle. --- supports. --- system. --- technology.