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Culture Clash : Law and Science in America - Steven Goldberg

Culture Clash

Law and Science in America

Hardcover

Published: 1st September 1994
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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.

"Culture Clash--with its rare blend of creativity, verbal skill and balanced judgement--helps to clarify the understanding of law and science in American life." --New York Law Journal "A lucid and entertaining mix of constitutional law and history." --American Journal of Human Genetics "One of the most vital interdisciplinary works of this generation. A trenchant, thought-provoking, and immensely readable analysis of the important issues at the intersection of law, science, and morality. Goldberg, perhaps the most prominent and certainly the most prolific legal scholar in the law and science field, explores the most contemporary topics at the frontiers of current scientific, technological, legal, and moral inquiry. An accomplished and important book." --Nancy Levit,Associate Professor of Law, University of Missouri-Kansas City,Co-author of Jurisprudence "Draws on more than a decade's work to bring together in one place a remarkably broad treatment of the relationship between law and science. All of the well-known issues are addressed: the legal questions likely to arise from current research aimed at mapping the human genome, the legal debates over the public schools' treatment of creationism and evolution, the effect of federal agency practices on the course of scientific research, and the use of scientific evidence in legal disputes...Certain to enrich all future discussion of these topics." --Ira Mark Ellman,Professor of Law, Arizona State University

Acknowledgments
Introductionp. 1
Lawyers and Scientistsp. 6
Progress in Sciencep. 7
The Kuhn Critiquep. 9
The Limited Role of Practical Applicationsp. 11
Process in Lawp. 13
The Daubert Casep. 20
Defining Termsp. 23
The Constitutional Status of Basic Researchp. 26
The Enlightenment Backgroundp. 26
Free Speech for Scientistsp. 28
Government Support for Sciencep. 31
Science Spending for the General Welfarep. 35
The Tension between Freedom and Fundingp. 39
The Statutory Framework For Basic Researchp. 44
Delegation to Agencies of Funding Decisionsp. 44
The Absence of a Department of Sciencep. 48
Limits on Executive and Legislative Control of Agenciesp. 49
The Virtual Absence of Judicial Reviewp. 54
The Privileged Legal Status of Sciencep. 62
Science versus Religion in American Lawp. 69
The Framers' Conception of Religion and Sciencep. 69
The Modern Dispute over the Theory of Evolutionp. 72
Creationism in the Courtsp. 75
The Growth of Civil Religionp. 79
Science, Progress, and Valuesp. 81
Legal Restrictions on New Technology: The Regulatory Gap and the Emergence of the Science Counselorp. 84
The Constitutional Basis for Regulating Technologyp. 84
Statutory Regulation through Delegation to Agenciesp. 87
The Stringent Judicial Review of Regulatory Decisionsp. 90
The Regulatory Gapp. 94
The Case of Nuclear Fissionp. 96
Computers and Regulationp. 99
The Emergence of the Science Counselorp. 103
Superconductivity and the Science Counselorp. 108
The Human Genome Initiative and Human Responsibilityp. 112
The Development of Modern Geneticsp. 112
The Political History of the Genome Initiativep. 118
Big Science versus Little Science in Genome Researchp. 121
Science Counselors at Workp. 123
The Regulatory Issues Ahead: Gene Therapy and Privacyp. 124
Determinism and Human Valuesp. 128
Nuclear Fusion: Boundless Optimism and Limited Energyp. 131
The Underlying Sciencep. 131
The American Fusion Programp. 134
Alternative Approaches to Fusionp. 136
The National Environmental Policy Act and Fusion Researchp. 139
Funding Problems for Fusionp. 144
The Solar Comparison and the Dream of Limitless Energyp. 145
Artificial Intelligence and the Essense of Humanityp. 151
The Origins of Artificial Intelligencep. 151
Artificial Lifep. 151
The Practical Impact of Artificial Intelligencep. 154
Consciousness and Human Uniquenessp. 155
The Debate over Computer Consciousness: Science versus Sciencep. 158
Consciousness and the Legal Definition of Deathp. 166
Conclusionp. 178
Notesp. 185
Bibliographyp. 233
Indexp. 251
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780814730577
ISBN-10: 0814730574
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 270
Published: 1st September 1994
Publisher: New York University Press
Country of Publication: US
Dimensions (cm): 22.9 x 15.3  x 2.16
Weight (kg): 0.5