Laboratory of Justice: The Supreme Court's 200-Year Struggle to Integrate Science and the LawFrom the American Revolution to the genetic revolution, the U.S. Supreme Court's uneasy attempts to weave science into the Constitution Suppose that scientists identify a gene that predicts that a person is likely to commit a serious crime. Laws are then passed making genetic tests mandatory, and anyone displaying the gene is sent to a treatment facility. Would the laws be constitutional? In this illuminating history, legal scholar David L. Faigman reveals the tension between the conservative nature of the law and the swift evolution of scientific knowledge. The Supreme Court works by precedent, embedding the science of an earlier time into our laws. In the nineteenth century, biology helped settle the "race question" in the famous Dred Scott case; not until a century later would cutting-edge sociological data end segregation with Brown v. Board of Education. In 1973 Roe v. Wade set a standard for the viability of a fetus that modern medicine could render obsolete. And how does the Fourth Amendment apply in a world filled with high-tech surveillance devices? To ensure our liberties, Faigman argues, the Court must embrace science, turning to the lab as well as to precedent. |
Avis des internautes - Rédiger un commentaire
Les avis ne sont pas validés, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifiés
LABORATORY OF JUSTICE: The Supreme Court's 200-Year Struggle to Integrate Science and the Law
Avis d'utilisateur - KirkusLaw is more art than science. Yet the law adds to and subtracts from its knowledge base, like science, and relies on scientific findings for guidance.So observes Faigman (Law/Univ. of California ... Consulter l'avis complet
Laboratory of justice: the Supreme Court's 200-year struggle to integrate science and the law
Avis d'utilisateur - Not Available - Book VerdictArguing that "Constitutional law is rife with empirical propositions," Faigman (law, Univ. of California, Hastings; Legal Alchemy) examines how empirical evidence from natural and social sciences has ... Consulter l'avis complet
Table des matières
Corruptible Human Hands | 11 |
Dred Scott and | 45 |
Holmes Brandeis | 70 |
Legal Realism | 107 |
Race and Eugenics | 130 |
Brown v Board of Education | 161 |
Privacy and the Problem | 205 |
Equal Protection | 251 |
The Moral | 324 |
Notes | 365 |
Bibliography | 387 |
401 | |
Autres éditions - Tout afficher
Laboratory of Justice: The Supreme Court's 200-Year Struggle to Integrate ... David L. Faigman Aucun aperçu disponible - 2005 |
Expressions et termes fréquents
abortion according action Amendment American applied argued argument asked authority basic basis become believed Brandeis Brief Brown civil claim concern considered Constitution decided decision described differences dissenting effects empirical equal established evidence existence experience explained fact federal finding force guaranteed Holmes human Ibid important interest issue Japanese Jefferson John judges judicial Justice later legislative less liberty Madison majority Marshall matter means nature never O'Connor objective observed opinion particular person political practice present Press principle protection question race reason regarding regulations religion religious result rule Scalia scientific segregation separate social society sought speech Supreme Court Taney thought tion trial United University Virginia women writing wrote York