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A Match Made On Earth: Getting Real About Science And The Law, Susan Haack
A Match Made On Earth: Getting Real About Science And The Law, Susan Haack
Dalhousie Law Journal
Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientificmethod,"and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that the author "idealizes" …
Law's Treatment Of Science: From Idealization To Understanding, Nayha Acharya
Law's Treatment Of Science: From Idealization To Understanding, Nayha Acharya
Dalhousie Law Journal
Increasing reliance on scientific evidence in litigation has created a demand for discussions directed at enabling a legitimate interaction between science and law The article develops the notion ofprocedural legitimacy-that adherence to legal procedure maintains the legitimacy of the adjudicative system and its outcomes -and applies it to determining how best to admit and use scientific evidence. The problem of undervaluing procedural legitimacy is illustrated through a commentary on contributions to the science and law discussion of Edmond and Roach, and Haack. The author's thesis is that maintaining adjudicative legitimacy depends on procedural rules being applied as vigilantly to science …
Trial By Theory: A Response To Acharya's "Law's Treatment Of Science: From Idealization To Understanding", Gary Edmond, Kent Roach
Trial By Theory: A Response To Acharya's "Law's Treatment Of Science: From Idealization To Understanding", Gary Edmond, Kent Roach
Dalhousie Law Journal
Adopting a pragmatic and empirically sensitive approach to the use of forensic science and medicine, this essay defends Edmond and Roach's "AContextual Approach to the Admissibility of the State's Forensic Science and Medical Evidence." The authors reiterate their concerns about idealized approaches to science and expertise and question the utility of philosophically-driven and essentialist models of science for legal practice. In detail the essay explains why privileging process over outcomes in the criminal process (andeven perpetuating the dichotomy) is misguided. The authors affirm the importance of factual accuracy and the socio-institutional illegitimacy generated by wrongful convictions. Drawing upon recent inquiries …
Response To Haack And Edmond/Roach Articles, Nayha Acharya
Response To Haack And Edmond/Roach Articles, Nayha Acharya
Dalhousie Law Journal
I am grateful to Professors Edmond and Roach' and Professor Haack2 for their thoughtful replies to my paper, Law 's Treatment of Science: From Idealizationto Understanding.Much like my experience after reading "A Contextual Approach to the Admissibility of the State's Forensic Science and Medical Evidence,"' and Haack's contributions, 4 I have come away from reviewing Edmond and Roach and Haack's replies with a heightened awareness that the admissibility of scientific evidence is significant and complicated. Both replies have raised important concerns that have demanded further attention from me, which I turn to here. My response to Edmond and Roach's Reply …
The Eu As An Arctic Power: Analysis Of The Competence Of The Eu In The Arctic By Policy Areas, Armand De Mestral
The Eu As An Arctic Power: Analysis Of The Competence Of The Eu In The Arctic By Policy Areas, Armand De Mestral
Dalhousie Law Journal
The European Union is not generally perceived as an Arctic power However, the ever-expanding list of EU competences implies that it will have both an interest in participating in the governance of the Arctic and the authority to do so, should the seven Arctic states agree to make room. This development holds both challenges and opportunities for Canada and other Arctic states. The challenges stem from the factthat the EU will seek topromote the economic interests ofits Member States in resource extraction and freedom of navigation where Canada and Russia, in particular, have asserted strong national policies. The opportunities lie …
What Are We Managing Anyway?: The Need For An Interdisciplinary Approach To Managing Fisheries Ecosystems, Jean-Jacques Maguire, Barbara Neis, Peter R. Sinclair
What Are We Managing Anyway?: The Need For An Interdisciplinary Approach To Managing Fisheries Ecosystems, Jean-Jacques Maguire, Barbara Neis, Peter R. Sinclair
Dalhousie Law Journal
Fisheries managers should really be attempting to manage the fishing fleets and the processing industry, not the fish. Consequently we argue that effective management ought to take an eco-systems approach that is necessarily interdisciplinary, incorporating both natural and social sciences. We ascribe the inadequate results of existing management regimes to scientific uncertainty, political pressures, the regulations' lack of legitimacy among fishers, and excessive reliance on individual fishers (rather than households and communities) as the unit of analysis. In a new interdisciplinary approach, we emphasize the contribution of social science in helping to understand what is defined as Scientific knowledge, how …
"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman
"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman
Dalhousie Law Journal
While we are forced, somewhat begrudgingly, to face the fact that there are limitations to what medicine can achieve, we still seem to have an undisturbed faith in what law can achieve. The limitations to what litigation under the Canadian Charter of Rights and Freedoms' can achieve was highlighted most recently in the case of Rodriguez v. British Columbia (A.G.)2 where the Supreme Court of Canada, by a five to four margin, upheld the constitutionality of the assisted suicide provisions of the Criminal Code.3 The Court recognized that Ms. Rodriguez's rights were violated but concluded that the infringement did not …
La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan
La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan
Dalhousie Law Journal
In La preuve, les techniques modernes et le respect des valeurs fondamentales, Professor Pierre Patenaude has produced a scholarly and practical inquiry into the question of how law responds to science. This book raises questions of the gathering, the admissibility and the reliability of evidence through modem techniques such as electronic surveillance, breathalyzer tests, lie detectors, radar, the administration of truthinducing drugs, and hypnosis. It combines a thoughtful examination of values underlying the law of evidence with an introduction to the complexities and the frailities of scientific investigative techniques.
The Two Contradictions In Public Inquiries, Liora Salter
The Two Contradictions In Public Inquiries, Liora Salter
Dalhousie Law Journal
Given how frequently they are commissioned, it is surprising how little has been written about inquiries and, more particularly, about the role of science and advocacy within them.' The lack of serious attention paid to inquiries may be a product of their diversity. For example, inquiries include royal commissions and consultative committees and risk assessments. Some of these inquiries have wide-ranging mandates, commission extensive research and actively solicit public commentary, while others are more closely akin to legal proceedings. Grouping such different objectives and activities under a single category - namely, inquiries - is intrinsically difficult. Or the reason for …
Science, Technology And Human Rights, Yoram Dinstein
Science, Technology And Human Rights, Yoram Dinstein
Dalhousie Law Journal
The rapid development of science and technology, particularly in the last generation, has had a tremendous impact on human rights. Many, perhaps most, human rights are adversely affected - in actuality or potentiality - by modern machines.' The subject has been discussed at great length by scientists and statesmen, lawyers and laymen, preachers and futurologists. But, to understand it in its proper perspective, it is believed that a typological approach is called for. It is necessary to distinguish between four different types of cases, in accordance with the nature of the relationship between science and technology, on the one hand, …