Search results for 'Science and the law' (try it on Scholar)

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  1. Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).score: 177.0
    Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related (...)
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  2. Raoul Gervais & Erik Weber (2011). The Covering Law Model Applied to Dynamical Cognitive Science: A Comment on Joel Walmsley. Minds and Machines 21 (1):33-39.score: 132.0
    In a 2008 paper, Walmsley argued that the explanations employed in the dynamical approach to cognitive science, as exemplified by the Haken, Kelso and Bunz model of rhythmic finger movement, and the model of infant preservative reaching developed by Esther Thelen and her colleagues, conform to Carl Hempel and Paul Oppenheim’s deductive-nomological model of explanation (also known as the covering law model). Although we think Walmsley’s approach is methodologically sound in that it starts with an analysis of scientific practice (...)
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  3. Charls Pearson (2008). Beyond Peirce: The New Science of Semiotics and the Semiotics of Law. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 21 (3):247-296.score: 122.0
    This paper shows how Peirce's semeiotic could be turned into a powerful science. The New Science of Semiotics provides not only a new paradigm and an empirical justification for all these applications, but also a rational and systematic procedure for carrying them out as well. Thus the New Science of Semiotics transforms the philosophy of law into the science of legal scholarship, the discipline that I call jurisology.
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  4. Hans Kelsen (1957/2000). What is Justice?: Justice, Law, and Politics in the Mirror of Science: Collected Essays. Lawbook Exchange.score: 116.0
    What is justice? -- The idea of justice in the Holy Scriptures -- Platonic justice -- Aristotle's doctrine of justice -- The natural-law doctrine before the tribunal of science -- A "dynamic" theory of natural law -- Absolutism and relativism in philosophy and politics -- Value judgments in the science of law -- The law as a specific social technique -- Why should the law be obeyed? -- The pure theory of the law and analytical jurisprudence -- Law, (...)
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  5. Carl F. Cranor (1993). Regulating Toxic Substances: A Philosophy of Science and the Law. Oxford University Press, Usa.score: 116.0
    In this book, Carl Cranor utilizes material from ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment to argue that the evidentiary standards for science used in the law to control toxics ought to be ...
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  6. Frank van Dun, The Science of Law and Legal Studies.score: 114.0
    This paper attempts to clarify some of the logical and conceptual issues in the philosophical dispute about law that has pitted the legal positivists against the adherents of natural law. The first part looks at the basic concepts that are relevant to that discussion and at the methodological implications of studying law either as an order of natural persons (natural law) or as a system of rules or an order of rule-defined artificial persons (legal order). Thus, we find that the (...)
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  7. Susan Haack (2009). The Growth of Meaning and the Limits of Formalism: In Science, in Law. Análisis Filosófico 29 (1):5-29.score: 114.0
    A natural language is an organic living thing; and meanings change as words take on new, and shed old, connotations. Recent (post-Fregean) philosophy of language has paid little attention to the growth of meaning; radical philosophers like Feyerabend and Rorty have suggested that meaning-change undermines the pretensions of science to be a rational enterprise. Thinkers in the classical pragmatist tradition, however -Peirce in philosophy of science and, more implicitly, Holmes in legal theory- both recognized the significance of growth (...)
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  8. David Gruender (1984). The Bounds of Law: Universality in Science. PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1984:95 - 101.score: 110.7
    Giving attention both to the history of modern science and to current work in the natural sciences, the importance of requiring that natural laws be treated as universal with respect to space and time is discussed critically. It is concluded that the view that such a requirement be taken as a definitional criterion characterizing laws of nature--or science itself--is not justified, and that the deductive advantages of universality can be preserved with local laws using scope limitations (...)
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  9. Harvey Wheeler (1999). Francis Bacon's “Verulamium” the Common-Law Template of the Modern in English Science and Culture. Angelaki 4 (1):7 – 26.score: 110.0
    (1999). Francis Bacon's “VERULAMIUM” the common‐law template of the modern in english science and culture. Angelaki: Vol. 4, Judging the law, pp. 7-26.
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  10. David Mercer (2008). Science, Legitimacy, and “Folk Epistemology” in Medicine and Law: Parallels Between Legal Reforms to the Admissibility of Expert Evidence and Evidence-Based Medicine. Social Epistemology 22 (4):405 – 423.score: 108.0
    This paper explores some of the important parallels between recent reforms to legal rules for the admissibility of scientific and expert evidence, exemplified by the US Supreme Court's decision in Daubert v Merrell Dow Pharmaceuticals, Inc. in 1993, and similar calls for reforms to medical practice, that emerged around the same time as part of the Evidence-Based Medicine (EBM) movement. Similarities between the “movements” can be observed in that both emerged from a historical context where the quality of medicine and (...)
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  11. Sergio Cremaschi (2002). Two Views of Natural Law and the Shaping of Economic Science. Croatian Journal of Philosophy 2 (2):181-196.score: 108.0
    In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune (...)
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  12. Paul H. Robinson & John M. Darley (1998). Objectivist Versus Subjectivist Views of Criminality: A Study in the Role of Social Science in Criminal Law Theory. Oxford Journal of Legal Studies 18 (3):409-447.score: 108.0
    The authors use social science methodology to determine whether a doctrinal shift—from an objectivist view of criminality in the common law to a subjectivist view in modem criminal codes—is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining (...)
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  13. Daniel J. Boorstin (1941/1996). The Mysterious Science of the Law: An Essay on Blackstone's Commentaries Showing How Blackstone, Employing Eighteenth Century Ideas of Science, Religion, History, Aesthetics, and Philosophy, Made of the Law at Once a Conservative and a Mysterious Science. University of Chicago Press.score: 105.7
    Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime-- Commentaries is at (...)
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  14. R. Floyd Clarke (1898/1982). The Science of Law and Lawmaking: Being an Introduction to Law, a General View of its Forms and Substance, and a Discussion of the Question of Codification. F.B. Rothman.score: 105.0
    An attempt to make clear to the average reader some of the truths of Law & Jurisprudence.
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  15. Ieva Deviatnikovaitė (2013). The Concept of European Administrative Law and the Background of the Development of the Law on Administrative Procedure of the European Union. Jurisprudence 20 (3):1005-1022.score: 99.0
    There are several reasons, according to which it is worth analyzing European administrative law. First, this is a rather new branch of law. Second, the European administrative law is treated in different countries from different legal traditions positions, consequently, any effort to unify the approach to it can provide a basis for a unified European administrative law model. Third, there are no works dedicated to the analysis of the phenomenon of the European administrative law in Lithuania. Therefore, this article deals (...)
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  16. S. Salardi (forthcoming). Science and Law in the Age of Genetics. Unesco Chair in Bioethics 9th World Conference, Bioethics, Medical Ethics and Health Law Towards the 21st Century.score: 99.0
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  17. Stefanic Stegemann-Bochl (2000). Misconduct in Science and the German Law. Science and Engineering Ethics 6 (1):57-62.score: 96.0
    In the past, only norms and rules developed for other types of illegal activities could be applied to misconduct in science in Germany. But only particularly blatant cases of misconduct can be dealt with efficiently in this way. Nowadays, a couple of very important funding agencies and research institutions have enacted special procedures that apply in cases of suspected scientific misconduct. A strongly decentralised system of dealing with misconduct in science is being established in Germany.
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  18. Daniel Lee (2012). Hobbes and the Civil Law : The Use of Roman Law in Hobbes's Civil Science. In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.score: 95.0
  19. Susan Haack (2008). Of Truth, in Science and in Law. Brooklyn Law Review 73 (2).score: 94.0
    Abstract: This paper responds to the question posed in the announcement of the conference at Brooklyn Law School at which it was presented: if and how [the inquiry into the reliability of proffered scientific testimony mandated by Daubert] relates to 'truth,' and whose view of the truth should prevail. The first step is to sketch the legal history leading up to Daubert, and to explore some of the difficulties Daubert brought in its wake; the next, to develop an account of (...)
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  20. Roger Stuart Berkowitz (2005/2010). The Gift of Science: Leibniz and the Modern Legal Tradition. Harvard University Press.score: 93.0
    Beyond geometry : Leibniz and the science of law -- The force of law : will -- Leibniz's systema iuris -- From the gesetzbuch to the landrecht : the ALR and the triumph of legality -- The rule of law : the Crown Prince lectures and the grounding of legality in order and security -- From reason to history : Savigny's system and the rise of social legal science -- The Bürgerliches Gesetzbuch (BGB) of 1900 : positive legal (...)
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  21. Sílvo de Macedo (1968). Introduction to the Science of Law as a Culture to the International Commission of Jurists. Maceio? Brazil].score: 93.0
     
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  22. H. Dooyeweerd (2002). Encyclopedia of the Science of Law. Edwin Mellen Press.score: 93.0
     
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  23. Michael Heidelberger (1993). Force, Law, and Experiment: The Evolution of Helmholtz's Philosophy of Science. In David Cahan (ed.), Hermann Von Helmholtz and the Foundations of Nineteenth-Century Science. University of California Press. 461-497.score: 93.0
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  24. Albert Kocourek (1930/1982). An Introduction to the Science of Law. F.B. Rothman.score: 93.0
     
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  25. Samuel Mejías Valbuena (2005). Philosophical, Scientist, Moral, Ethics and Religious Analysis in the Juridical Compared Science in the Law of Cloning. S. Mejías Valbuena.score: 93.0
     
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  26. Andreas Hüttemann & Alexander Reutlinger (forthcoming). Against the Statistical Account of Special Science Laws. In Vassilios Karakostas & Dennis Dieks (eds.), Recent Progress in Philosophy of Science: Perspectives and Foundational Problems. The Third European Philosophy of Science Association Proceedings. Springer.score: 92.7
    John Earman and John T. Roberts advocate a challenging and radical claim regarding the semantics of laws in the special sciences: the statistical account. According to this account, a typical special science law “asserts a certain precisely defined statistical relation among well-defined variables” (Earman and Roberts 1999) and this statistical relation does not require being hedged by ceteris paribus conditions. In this paper, we raise two objections against the attempt to cash out the content of special science generalizations (...)
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  27. Richard Creath (2010). The Role of History in Science. Journal of the History of Biology 43 (2):207 - 214.score: 92.0
    The case often made by scientists (and philosophers) against history and the history of science in particular is clear. Insofar as a field of study is historical as opposed to law-based, it is trivial. Insofar as a field attends to the past of science as opposed to current scientific issues, its efforts are derivative and, by diverting attention from acquiring new knowledge, deplorable. This case would be devastating if true, but it has almost everything almost exactly wrong. The (...)
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  28. Helen Reece (ed.) (1998). Law and Science. Oxford University Press.score: 91.0
    This book is the first volume in the series and explores the relationship of law and science, with a particular focus on the role of science as evidence.
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  29. Carl F. Cranor (1995). Learning From the Law for Regulatory Science. Law and Philosophy 14 (1):115 - 145.score: 90.0
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  30. Johann Gottlieb Fichte (1869/2008). The Science of Rights. Lawbook Exchange.score: 90.0
    § I. A FINITE, RATIONAL BEING CAN NOT POSIT ITSELF WITHOUT ASCRIBING TO ITSELF A FREE CAUSALITY. PROOF. A. If a rational being is to posit itself as such, ...
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  31. Francis Helminski (1984). "That Peculiar Science:" Osteopathic Medicine and the Law. Journal of Law, Medicine and Ethics 12 (1):32-36.score: 90.0
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  32. Thomas Sinks, Wendy E. Wagner & Doug Farquhar (2007). The Science and the Law of Toxics. Journal of Law, Medicine and Ethics 35:63-68.score: 90.0
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  33. Peter A. Briss, Ned Calonge, Eileen Cody & Daniel M. Fox (2007). Closing the Gap Between Science and Law. Journal of Law, Medicine and Ethics 35:92-96.score: 90.0
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  34. Gerald J. Jogerst, M. Jane Brady, Camel B. Dyer & Ileana Arias (2004). Elder Abuse and the Law: New Science, New Tools. Journal of Law, Medicine and Ethics 32 (s4):62-63.score: 90.0
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  35. Hyo Yoon Kang (2012). Science Inside Law: The Making of a New Patent Class in the International Patent Classification. Science in Context 25 (4):551-594.score: 90.0
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  36. James Mill (1825/1986). Essays on Government, Jurisprudence, Liberty of the Press, and Law of Nations. A.M. Kelley.score: 90.0
  37. William F. Obering (1938). Chapter I---The Science of Man and the Law. Philosophical Studies of the American Catholic Philosophical Association 1:19-57.score: 90.0
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  38. Laura Westra (1997). Post-Normal Science, the Precautionary Principle and the Ethics of Integrity. Foundations of Science 2 (2):237-262.score: 88.0
    Present laws and regulations even in democratic countries are not sufficient to prevent the grave environmental threats we face. Further, even environmental ethics, when they remain anthropocentric cannot propose a better approach. I argue that, taking in considerations the precautionary principle, and adopting the perspective of post-normal science, the ethics of integrity suggest a better way to reduce ecological threats and promote the human good globally.
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  39. Thomas A. Busey & Geoffrey R. Loftus (2007). Cognitive Science and the Law. Trends in Cognitive Sciences 11 (3):111-117.score: 88.0
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  40. Ian James Kidd (forthcoming). ‘“What’s So Great About Science?” Feyerabend on the Ideological Use and Abuse of Science. In Elena Aronova & Simone Turchetti (eds.), The Politics of Science Studies.score: 88.0
    It is very well known that from the late-1960s onwards Feyerabend began to radically challenge some deeply-held ideas about the history and methodology of the sciences. It is equally well known that, from around the same period, he also began to radically challenge wider claims about the value and place of the sciences within modern societies, for instance by calling for the separation of science and the state and by questioning the idea that the sciences served to liberate and (...)
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  41. Timothy Colburn & Gary Shute (2010). Abstraction, Law, and Freedom in Computer Science. Metaphilosophy 41 (3):345-364.score: 87.0
    Abstract: Laws of computer science are prescriptive in nature but can have descriptive analogs in the physical sciences. Here, we describe a law of conservation of information in network programming, and various laws of computational motion (invariants) for programming in general, along with their pedagogical utility. Invariants specify constraints on objects in abstract computational worlds, so we describe language and data abstraction employed by software developers and compare them to Floridi's concept of levels of abstraction. We also consider Floridi's (...)
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  42. Augustine Brannigan & Sheldon Goldenberg (1988). Social Science Versus Jurisprudence in Wagner : The Study of Pornography, Harm, and the Law of Obscenity in Canada. Social Epistemology 2 (2):107 – 116.score: 87.0
  43. Peter Achinstein (1971). Law and Explanation: An Essay in the Philosophy of Science. London,Oxford University Press.score: 87.0
  44. David T. Wasserman (1995). Book Review:Regulating Toxic Substances: A Philosophy of Science and the Law. Carl F. Cranor. [REVIEW] Ethics 105 (3):674-.score: 87.0
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  45. Colin Campbell & Nigel Eastman (2012). The Neurobiology of Violence : Science and Law. In Sarah Richmond, Geraint Rees & Sarah J. L. Edwards (eds.), I Know What You're Thinking: Brain Imaging and Mental Privacy. Oxford University Press. 139.score: 87.0
  46. Miriam Theresa Rooney (1942). The Mysterious Science of the Law. New Scholasticism 16 (1):99-101.score: 87.0
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  47. Carlos Alchourrón (forthcoming). Systematization and Change in the Science of Law. Rechtstheorie.score: 87.0
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  48. Sheldon Amos (1875/1982). The Science of Law. F.B. Rothman.score: 87.0
     
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  49. Julie Bouchard (2008). Science, Markets, And The Law. Minerva 46 (1):143-146.score: 87.0
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  50. Penelope A. Fenner-Crisp (1997). The Future of Pesticide Regulation Our Children's Toxic Legacy: How Science and Law Fail to Protect Us From Pesticides John Wargo. Bioscience 47 (7):457-460.score: 87.0
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