A consensus in a scientific community is often used as a resource for making informed public-policy decisions and deciding between rival expert testimonies in legal trials. This paper contains a social-epistemic analysis of the high-profile Bendectin drug controversy, which was decided in the courtroom inter alia by deference to a scientific consensus about the safety of Bendectin. Drawing on my previously developed account of knowledge-based consensus, I argue that the consensus in this case was not knowledge based, hence courts’ deference (...) to it was not epistemically justified. I draw sceptical lessons from this analysis regarding the value of scientific consensus as a desirable and reliable means of resolving scientific controversies in public life. (shrink)

Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of ‘moral certainty’, scientific proof attained a reputation for objectivity. Although most forms of legal evidence continue to be treated as fallible ‘opinions’ rather than objective ‘facts’, forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific status of (...) forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The ‘administrative objectivity’ of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of ‘truth’ in the criminal justice system. (shrink)

Scholars in science and technology studies (STS) have recently been called upon to advise governments on the design of procedures for public engagement. Any such instrumental function should be carried out consistently with STS’s interpretive and normative obligations as a social science discipline. This article illustrates how such threefold integration can be achieved by reviewing current US participatory politics against a 70-year backdrop of tacit constitutional developments in governing science and technology. Two broad cycles of constitutional adjustment are discerned: the (...) first enlarging the scope of state action as well as public participation, with liberalized rules of access and sympathetic judicial review; the second cutting back on the role of the state, fostering the rise of an academic-industrial complex for technology transfer, and privatizing value debates through increasing delegation to professional ethicists. New rules for public engagement in the United Sates should take account of these historical developments and seek to counteract some of the anti-democratic tendencies observable in recent decades. (shrink)

In Daubert v. Merrell Dow Pharmaceuticals, Inc., the U.S. Supreme Court made its first major pronouncement on the evaluation of scientific evidence, calling on judges to act as gatekeepers for scientific knowledge and validity, despite lack of scientific training among judges. Daubert offers the science studies community a case study for examining how judges engage in boundary-work and construct scientific validity. In constructing scientific validity under Daubert, judges must evaluate the scientific method behind a particular scientific claim, and will look (...) to the parties' experts and the relevant scientific community for assistance. To combat the oft-cited problem of the battle of the experts, judges may be tempted to obtain assistance from court-appointed neutral experts, an inquisitorial system in the civil law tradition of many European countries. The judicial evaluation of scientific evidence, the resulting construction of scientific validity, and the push for a greater use of court-appointed experts reveal judges' desire to segregate "objective" scientific facts from aspects of the legal process that are infused with adversaries' values. Yet the scientific and judicial construction of validity mixes empirical results and research methods with the personal, political, and institutional values of judges and scientists. (shrink)

Nature-based conflicts have increased in frequency and intensity in India. They revolve around competing claims over forests, land, water and fisheries, and have generated a new movement struggling for the rights of victims of ecological degradation. The environmental movement has added a new dimension to Indian democracy and civil society. It also posesan ideological challenge to the dominant notions of the meaning, content and patterns ofdevelopment.

Focusing on the recent explosion in the use of bottled water, this article—originally written for my NASTS conference presentation—will examine the rhetoric used by the bottled water industry and home purification system providers to affect the public’s idea of clean, pure, dirty, and polluted water. Bottlers argue that the Food and Drug Administration (FDA) provides better regulation of bottled water than the Environmental Protection Agency (EPA) could ever do for tap water, though the EPA and the FDA use basically the (...) same set of guidelines. The EPA and FDA definitions in terms of concentrations of specific substances are very different from the ideas of muddy or “dirty” water. This article will examine the impact of the public’s perception of good drinking water and the perception that if it is off the shelf, it is cleaner and tastier. (shrink)

How one thinks about the relationship between individual autonomy (sometimes referred to as individual willpower or human agency) and technology can influence the way legal thinkers develop policy at the intersection of law and technology. Perspectives that fall toward the `machines control us' end of the spectrum may support more interventionist legal policies while those who identify more closely with the `we are in charge of machines' position may refuse to interfere with technological developments. The concept of soft determinism charts (...) a middle-ground between these two positions and could assist in the formulation of a general theory of the relationship between law and technology. Soft determinism maintains that technological developments are embedded in social, political, economic and other processes, and serve to guide and, potentially, configure future actions and relationships with these technologies, their users, and their subjects: while past technology develops shape the present, individuals and groups can still exert control over these technological developments. (shrink)

The rapid growth in consumption of bottled water across the globe has drawn attention of policy makers and academicians alike. However, its consumption practices have been examined primarily in the context of industrialized countries. Drawing on studies of Science, Technology and Society, Public Understanding of Science, and institutions, this article explores the nuances of the consumption conundrum of bottled water in India. This mixed method study relies on data collected through surveys and ethnography of consumption practices at selected sites in (...) Delhi. We find reasons for bottled water consumption to vary with the site of consumption. Although the notions of “purity” and “scarcity” drive consumption behavior, these attributes are far from being objective. Rather, they are shaped by a complex mix of sociocultural factors, public understanding of science, and trust on various institutional mechanisms of water provisioning. (shrink)

Science and Democracy in Europe and the United States Sheila Jasanoff. Lippmann, Walter. The Phantom Public. New Brunswick: Transaction Publishers, 1993 [1925]. Litfin, Karen . Ozone Discourses: Science and Politics in Global ...