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Senn, Peter R. --- "Science as a Source of Law" [2005] ELECD 153; in Backhaus, G. Jürgen (ed), "The Elgar Companion to Law and Economics, Second Edition" (Edward Elgar Publishing, 2005)

Book Title: The Elgar Companion to Law and Economics, Second Edition

Editor(s): Backhaus, G. Jürgen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420321

Section: Chapter 29

Section Title: Science as a Source of Law

Author(s): Senn, Peter R.

Number of pages: 9

Extract:

29 Science as a source of law
Peter R. Senn


So ubiquitous is science as a source of the law that few general statements are
possible. Time, place and circumstance determine the role of science in the
development of law. For example, the ancient Greeks did much to give
meaning to modern ideas of both science and law. A good case can be made
that they used their conceptions of science in the development of their laws.
Despite this, it would be hard to support the claim that what they meant by
both terms, law and science, then are broadly applicable to many of the issues
of today.
Understanding the role that science plays as a source of law must depend
on the meanings given to both `law' and `science'. Both terms are used in so
many different senses that their denotation must always be specified. As used
here, the term `source' refers to the knowledge which science provides as the
basis for changing or developing law. There is little agreement among schol-
ars about precise definitions of `law'.1 Extreme caution in the use of the term
`law' is also required because in every language it has many connotations.
Scholars from different disciplines use it to mean very different things. Legal
scholars, for example, mean something quite different from philosophers or
scientists when they use the same word. There are also many kinds of law.
Among these are public, civil, natural, canon, divine, criminal, international
and commercial law. Science ...