Committee on Science, Technology, and Law (CSTL) での発表スライド@ワシントンDC。小林史明(明治大)との共同発表。
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Law and Science in Japan:from a viewpoint of legal philosophy
whom can we trust ? whom can we trust ? whom can we trust ? whom can we trust ? Judges (by elimination) ?Judges (by elimination) ?Judges (by elimination) ?Judges (by elimination) ?
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New Legal Issues 1
� Our research project has focused
on “Legal Decision-making under
Scientific Uncertainty”
6http://blog.jcan.jp/k1295/12331/
ex. Lawsuit for injunction of…
� nuclear plant activation
� distribution of genetically-modified crop
� building of a tower for electromagnetic wave
New Legal Issues 2
� These suits are characterized by
“precaution” for scientifically uncertain
problem which may bring about enormous
damages once it occur.
� Precautionary suits are different from
conventional legal frame as compensation
for damages which have already been done.
� Precautionary issues deal with uncertain
effects of advanced technologies in future.
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How and Who Can Decide ?
� Judges are not experts of advanced science and technology, and don’t have enough knowledge.
� It is necessary for lawyers and scientists to co-operate together toward scientifically valid legal decision-making,
…but how can do it ?…but how can do it ?…but how can do it ?…but how can do it ?
◦ Many scientists in court regard lawyers as those who urge to answer “Yes-No Question” and distort scientific truth for their interests in suits....
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Undoing Hard View of
Law/Science
� To dissolve such problems, we thought it is necessary to undo too hard view of lawyers for science and it of scientists for law.
◦ Ex. Such an unreal assumptions that science (or law) can dissolve any issues all alone, or that scientific proof permit no doubt (notorious Lumbar Sentence in 1974)
� As its beginning point, we made The Handbook of
Law and Science in order to resolve mutual misunderstandings and over-expectations.
→ Please see the list of contents.
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Beyond Conventional Adversary System?
� For productive co-operation of lawyers and
scientists, and for legitimate legal decision-making,