Book contents
- Frontmatter
- Contents
- Preface
- 1 The Veil of Science over Tort Law Policy
- 2 Legal Background
- 3 Institutional Concerns about the Supreme Court's Trilogy
- 4 Studies of Toxicity and Scientific Reasoning
- 5 Excellent Evidence Makes Bad Law: Pragmatic Barriers to the Discovery of Harm and Fair Admissibility Decisions
- 6 Science and Law in Conflict
- 7 Enhancing the Possibility of Justice under Daubert
- 8 Is Daubert the Solution?
- Bibliography
- Index
Preface
Published online by Cambridge University Press: 08 January 2010
- Frontmatter
- Contents
- Preface
- 1 The Veil of Science over Tort Law Policy
- 2 Legal Background
- 3 Institutional Concerns about the Supreme Court's Trilogy
- 4 Studies of Toxicity and Scientific Reasoning
- 5 Excellent Evidence Makes Bad Law: Pragmatic Barriers to the Discovery of Harm and Fair Admissibility Decisions
- 6 Science and Law in Conflict
- 7 Enhancing the Possibility of Justice under Daubert
- 8 Is Daubert the Solution?
- Bibliography
- Index
Summary
It is tempting to say that our tort, or personal injury, law is changing before our eyes, except we cannot see it. These modifications are occurring because of Supreme Court decisions that increased the screening of expert (largely scientific) testimony in the law, but it is difficult for all but the best informed to comprehend them. Some who understand them welcome them, some do not, and some will have more mixed assessments of them. However, most citizens cannot even have an opinion on the relevant issues because they are unaware of them and because the topics themselves are not easily accessible. The barriers to understanding this important legal institution are the result of subtleties most of us never think about – issues about scientific evidence and reasoning, and legal procedures that are complex and inaccessible to most of us.
The actual and potential transformations of this part of our legal system are too important, however, to remain hidden and too important for an informed citizenry to be left in the dark about them. Citizens risk having their realistic access to the tort law and the possibility of justice within it reduced and they will not know it. Judges and lawyers are at risk of being manipulated by slogans about “sound science,” not realizing there are more scientifically accurate and legitimate ways to think about science, law, and the interaction between the two.
- Type
- Chapter
- Information
- Toxic TortsScience, Law and the Possibility of Justice, pp. xiii - xviPublisher: Cambridge University PressPrint publication year: 2006