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

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  1.  5
    E. Ruppert, J. Law & M. Savage (2013). Reassembling Social Science Methods: The Challenge of Digital Devices. Theory, Culture and Society 30 (4):22-46.
    The aim of the article is to intervene in debates about the digital and, in particular, framings that imagine the digital in terms of epochal shifts or as redefining life. Instead, drawing on recent developments in digital methods, we explore the lively, productive and performative qualities of the digital by attending to the specificities of digital devices and how they interact, and sometimes compete, with older devices and their capacity to mobilize and materialize social and other relations. In doing so, (...)
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  2. Edmund Law & John Smith (1774). Considerations on the Theory of Religion in Three Parts: I. Want of Universality in Natural and Reveal'd Religion, No Just Objection Against Either. Ii. The Scheme of Divine Providence with Regard to the Time and Manner of the Several Dispensations of Reveal'd Religion, More Especially the Christian. Iii. The Progress of Natural Religion and Science, or the Continual Improvement of the World in General : To Which Are Added, Two Discourses, the Former, on the Life and Character of Christ, the Latter, on the Benefit Procured by His Death, in Regard to Our Mortality : With an Appendix, Concerning the Use of the Word Soul in Holy Scripture : And the State of the Dead There Described. --. [REVIEW] Printed by J. Archdeacon ...; for J. Robson ..., B. White ..., T. Cadell ..., London; and T. J. Merril.
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  3.  57
    Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).
    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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  4.  25
    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.
    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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  5.  6
    Carl F. Cranor (1993). Regulating Toxic Substances: A Philosophy of Science and the Law. Oxford University Press, Usa.
    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.  7
    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.
    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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  7.  12
    Susan Haack (2009). The Growth of Meaning and the Limits of Formalism: In Science, in Law. Análisis Filosófico 29 (1):5-29.
    A natural language is an organic living thing; and meanings change as words take on new, and shed old, connotations. Recent 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 of (...)
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  8.  12
    Frank van Dun, The Science of Law and Legal Studies.
    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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  9. Hans Kelsen (1957/2000). What is Justice?: Justice, Law, and Politics in the Mirror of Science: Collected Essays. Lawbook Exchange.
    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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  10.  24
    Harvey Wheeler (1999). Francis Bacon's “Verulamium” the Common-Law Template of the Modern in English Science and Culture. Angelaki 4 (1):7 – 26.
    (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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  11.  48
    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.
    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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  12.  12
    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.
    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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  13.  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.
    An attempt to make clear to the average reader some of the truths of Law & Jurisprudence.
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  14.  20
    Carl F. Cranor (2005). The Science Veil Over Tort Law Policy: How Should Scientific Evidence Be Utilized in Toxic Tort Law? [REVIEW] Law and Philosophy 24 (2):139 - 210.
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  15.  22
    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.
    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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  16.  8
    Sergio Cremaschi (2002). Two Views of Natural Law and the Shaping of Economic Science. Croatian Journal of Philosophy 2 (2):181-196.
    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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  17. Bernie Koenig (2004). Natural Law, Science, and the Social Construction of Reality. Upa.
    Natural Law, Science, and the Social Construction of Reality looks at changes in knowledge and the relationship to values from the modern era to today. Author Bernie Koenig examines Newton's influence on Locke and Kant, how Kant influenced Darwin and Freud, and the implications of their work for both anthropology and moral theory.
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  18. World Congress on Philosophy of Law and Social Philosophy, Mikael M. Karlsson, Ólafur Páll Jónsson & Eyja Margrét Brynjarsdóttir (1997). Recht, Gerechtigkeit Und der Staat Studien Zu Gerechtigkeit, Demokratie, Nationalität, Nationalen Staaten Und Supranationalen Staaten Aus der Perspektive der Rechtstheorie, der Sozialphilosophie Und der Sozialwissenschaften = Law, Justice, and the State : Studies in Justice, Democracy, Nationality, National States, and Supra-National States From the Standpoints of Legal Theory, Social Philosophy, and Social Science. Monograph Collection (Matt - Pseudo).
     
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  19. 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.
    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 or sortal (...)
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  20. Paul Needham (1988). Law and Order Issues in the Philosophy of Science. Uppsala Universitet.
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  21. Mark Turner (2003). Cognitive Dimensions of Social Science: The Way We Think About Politics, Economics, Law, and Society. Oxford University Press Usa.
    What will be the future of social science? Where exactly do we stand, and where do we go from here? What kinds of problems should we be addressing, with what kinds of approaches and arguments? In Cognitive Dimensions of Social Science, Mark Turner offers an answer to these pressing questions: social science is headed toward convergence with cognitive science. Together they will give us a new and better approach to the study of what human beings are, (...)
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  22. 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.
     
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  23.  5
    R. B. Braithwaite (1953). Scientific Explanation a Study of the Function of Theory, Probability and Law in Science. Cambridge University Press.
    The primary purpose of this book is to examine the logical features common to all the sciences. Each science proceeds by inventing general principles from which are deduced the consequences to be tested by observation and experiment; the author shows how the implications of this process explain some of its more baffling features and resolves many of the difficulties that philosophers have found in them. His exposition is by way of detailed examples.
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  24. Daniel J. Boorstin (1958). The Mysterious Science of the Law an Essay on Blackstone's Commentaries. Beacon Press.
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  25. Benjamin N. Cardozo & Margaret E. Hall (1979). Selected Writings of Benjamin Nathan Cardozo the Choice of Tycho Brahe, Including Also the Complete Texts of Nature of the Judicial Process, Growth of the Law, Paradoxes of Legal Science, Law and Literature. Matthew Bender.
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  26. Sílvo de Macedo (1968). Introduction to the Science of Law as a Culture to the International Commission of Jurists. Maceio? Brazil].
     
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  27. H. Dooyeweerd (2002). Encyclopedia of the Science of Law. Edwin Mellen Press.
     
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  28. Albert Kocourek (1930/1982). An Introduction to the Science of Law. F.B. Rothman.
     
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  29. George Lakoff (1989). Cognitive Science and the Law. Faculty of Law, University of Toronto.
     
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  30. Samuel Mejías Valbuena (2005). Philosophical, Scientist, Moral, Ethics and Religious Analysis in the Juridical Compared Science in the Law of Cloning. S. Mejías Valbuena.
     
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  31.  14
    Stefanic Stegemann-Bochl (2000). Misconduct in Science and the German Law. Science and Engineering Ethics 6 (1):57-62.
    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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  32. 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
  33.  10
    William F. Obering (1938). Chapter I---The Science of Man and the Law. Philosophical Studies of the American Catholic Philosophical Association 1:19-57.
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  34.  8
    Carl F. Cranor (1995). Learning From the Law for Regulatory Science. Law and Philosophy 14 (1):115 - 145.
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  35.  1
    Peter A. Briss, Ned Calonge, Eileen Cody & Daniel M. Fox (2007). Closing the Gap Between Science and Law. Journal of Law, Medicine & Ethics 35 (s4):92-96.
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  36.  2
    Francis Helminski (1984). "That Peculiar Science:" Osteopathic Medicine and the Law. Journal of Law, Medicine & Ethics 12 (1):32-36.
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  37.  1
    Thomas Sinks, Wendy E. Wagner & Doug Farquhar (2007). The Science and the Law of Toxics. Journal of Law, Medicine & Ethics 35 (s4):63-68.
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  38. Micah L. Berman & Annice E. Kim (2015). Bridging the Gap Between Science and Law: The Example of Tobacco Regulatory Science. Journal of Law, Medicine and Ethics 43 (s1):95-98.
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  39. 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.
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  40. Francis Helminski (1984). That Peculiar Science:" Osteopathic Medicine and the Law". Journal of Law, Medicine and Ethics 12 (1):32-36.
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  41. 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 & Ethics 32 (s4):62-63.
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  42. 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.
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  43. 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.
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  44. Thomas Sinks, Wendy E. Wagner & Doug Farquhar (2007). The Science and the Law of Toxics. Journal of Law, Medicine and Ethics 35:63-68.
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  45. 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.
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  46. Timothy Murphy (1997). The Oldest Social Science?: Configurations of Law and Modernity. Oxford University Press Uk.
    This book looks critically at some of the underlying assumptions which shape our current understanding of the role and purpose of law and society. It focuses on adjudication as a social practice and as a set of governmental techniques. From this vantage point, it explores how the relationship between law, government and society has changed in the course of history in significant ways. At the centre of the argument is the elaboration of the notion of `adjudicative government'. From this perspective (...)
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  47.  1
    George Sarton (1951). Preface to Volume 42: Science and Peace. The Development of International Law. Isis: A Journal of the History of Science 42:3-9.
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  48.  1
    Steven Goldberg (1996). Science at the Bar: Law, Science, and Technology in America by Sheila Jasanoff. [REVIEW] Isis: A Journal of the History of Science 87:395-396.
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  49. Mary Hesse (1974). Law and Explanation. An Essay in the Philosophy of Science by Peter Achinstein. [REVIEW] Isis: A Journal of the History of Science 65:259-260.
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  50. Richard Rawlings (ed.) (1997). Law, Society, and Economy: Centenary Essays for the London School: Centenary Essays for the London School of Economics and Political Science, 1895-1995. Oxford University Press Uk.
    This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger. (...)
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