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Full Description
This book presents innovative insights into the intersections between science, technology, and society, and particularly their regulation by the law. Departing from the idea that law and science have similar methods and objectives, the book deals with problems, and solutions, that source from these interactions: concerns on how to integrate scientific evidence into trials, how to best regulate new technologies, or whether technological innovations could improve democratic legitimacy, create new regulatory tools or even new spaces of regulation, and what is the impact on the society. The edited collection, by building on a functionalist and comparatist approach, offers answers to how to best integrate law, science, and technology in policy-making and reviews the current attempts made at the transnational and international levels. Case studies, ranging from emerging technologies via environmental protection to statistics, are complemented by a solid theoretical framework, all of which seek to provide readers with tools for critical thinking in the reassessment of the relationship among theory, practice, political goals, and international regulation.
Contents
1. Science, Technology, Society and Law; 2. Facts Are the Moveable Furniture of the Legal Mind, Not Stones of Science; 3. The Interlinkages Science-Technology-Law: Information and Communication Society, Knowledge-Based Economy and the Rule of Law; 4. Using Flexibility Mechanisms for Addressing Technological and Scientific Developments: Examples from Selected Global Regulatory Frameworks; 5. The Precautionary Principle Under EU Law: A "Post-Modern" Principle in a "Post-Truth" Era; 6. The Precautionary Principle and the Burden of Proof in International Risk Regulation Trials; 7. Conscientious Objection: Rule of Law, Sexual and Reproductive Rights, and Scientific Reasonable Doubts; 8. Assessing the Soundness of Science to Determine Reactive and Proactive Regulatory Change. Human Fertilisation and Embryology Authority, Mitochondrial Donation, Treatment Add-ons and Future Challenges for Regulation; 9. Use of Smartphone Applications in the Democratic Decision-Making Process; 10. Procedural versus Substantive Approaches to Scientific Evidence in the Opinions of Advocates-General; 11. Climate Justice in the Anthropocene and its Relationship with Science and Technology: The Importance of an Ethics of Responsibility; 12. The Science-Based Decision-Making Process as Established in the Paris Agreement (2015); 13. The Intersections Among Science, Technology, Policy and Law: in Between Truth and Justice
