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Book
xiii, 235 p. ; 25 cm.
  • Preface-- I. Introduction-- II. The Practice-- III. Naturalistic Theories-- IV. Agreement Theories-- V. A Fresh Start-- VI. Normativity-- VII. International Concern-- VIII. Conclusion-- Works cited-- Index.
  • (source: Nielsen Book Data)9780199572458 20160528
The international doctrine of human rights is one of the most ambitious parts of the settlement of World War II. Since then, the language of human rights has become the common language of social criticism in global political life. This book is a theoretical examination of the central idea of that language, the idea of a human right. In contrast to more conventional philosophical studies, the author takes a practical approach, looking at the history and political practice of human rights for guidance in understanding the central idea. The author presents a model of human rights as matters of international concern whose violation by governments can justify international protective and restorative action ranging from intervention to assistance. He proposes a schema for justifying human rights and applies it to several controversial cases-rights against poverty, rights to democracy, and the human rights of women. Throughout, the book attends to some main reasons why people are sceptical about human rights, including the fear that human rights will be used by strong powers to advance their national interests. The book concludes by observing that contemporary human rights practice is vulnerable to several pathologies and argues the need for international collaboration to avoid them.
(source: Nielsen Book Data)9780199572458 20160528
Law Library (Crown)
LAW-507-01
Book
xvii, 285 p. ; 25 cm.
  • The intersections of science and law-- changing knowledge, changing rules-- the law's construction of expertise-- the technical discourse of government-- law in the republic of science-- toxic torts and the politics of causation-- legal encounters with genetic engineering-- family affairs-- definitions of life and death-- toward a more reflective alliance.
  • (source: Nielsen Book Data)9780674793026 20160527
Issues spawned by the headlong pace of developments in science and technology fill the courts. How should we deal with frozen embryos and leaky implants, dangerous chemicals, DNA fingerprints and genetically engineered animals? The realm of the law, to which beleaguered people look for answers, is sometimes at a loss - constrained by its own assumptions and practices, Sheila Jasanoff suggests. This book exposes American law's long-standing involvement in constructing, propagating, and perpetuating a variety of myths about science and technology. "Science at the Bar" examines in detail how two powerful American institutions - both seekers after truth - interact with each other. Looking at cases involving product liability, medical malpractice, toxic torts, genetic engineering, and life and death, Jasanoff argues that the courts do not simply depend on scientific findings for guidance - they actually influence the production of science and technology at many different levels. Research is conducted and interpreted to answer legal questions. Experts are selected to be credible on the witness stand. Products are redesigned to reduce the risk of lawsuits. At the same time the courts emerge here as democratizing agents in disputes over the control and deployment of new technologies, advancing and sustaining a public dialogue about the limits of expertise. Jasanoff shows how positivistic views of science and the law often prevent courts from realizing their full potential as centres for a progressive critique of science and technology. With its analysis of both scientific and legal modes of reasoning, and its recommendations for scholars and policymakers, this book should be a useful resource for anyone who hopes to understand the changing configurations of science, technology and the law in our litigious society.
(source: Nielsen Book Data)9780674793026 20160527
Law Library (Crown)
LAW-507-01
Book
x, 457 p. : ill. ; 24 cm.
  • A scientific perspective-- a legal perspective. Part 1 Phantom (or not so phantom) risks: weak magnetic fields - a cancer connection?, Kenneth R. Foster-- spermicides and birth defects, James L. Mills-- Benedictin and the language of causation, Louis Lasagna and Sheila R. Shulman-- miscarriage and video display terminals - an update, Kenneth R. Foster-- the legal context. Part 2 Just a little bit of poison: environmental pollution and cancer - some misconceptions, Bruce N. Ames and Lois Swirsky Gold-- asbestos - the hazard, the risk and public policy, Ralph D'Agostino, Jr. and Richard Wilson-- the human health effects of polychlorinated biphenyls, Renate D. Kimbrough-- trichloroethylene - toxicology and epidemiology - a critical review of the literature, Rudolph J. Jaeger and Arlene L. Weiss-- dioxin -perceptions, estimates and measures, Michael Gough-- the Three Mile Island nuclear accident and public health consequences, George K. Tokuhata-- the fallout controversy, Ralph E. Lapp-- the saga of Fernald, Bernard L. Cohen-- the legal context. Part 3 Medical controversy: trauma and cancer, Marvin M. Romsdahl-- chemical pollutants and "multiple chemical sensitivities", Michael I. Luster et al-- immunologic laboratory tests - a critique of the Alcolac decision, Richard S. Cornfeld and Stuart F. Schlossman-- the legal context. Part 4 Conclusion - phantom risk - a problem at the interface of science and the law.
  • (source: Nielsen Book Data)9780262061568 20160528
Phantom risks are risks whose very existence is unproven and perhaps umprovable, yet they raise real problems at the interface of science and the law. "Phantom Risk" surveys a dozen scientific issues that have led to public controversy and litigation - among them, miscarriage from the use of video display terminals, birth defects in children whose mothers used the drug Bendectin, and cancer from low-intensity magnetic fields, and from airborne asbestos. It presents the scientific evidence behind these and other issues and summarizes the resulting litigation. Focusing on the great disparity between the scientific evidence that is sufficient to arouse public fears and that needed to establish a hazard or its absence, these original contributions probe the problem of scientific ambiguity in risk assessment, and the mayhem this creates in the courtroom. Although the authors are clearly optimistic about the use of science of detect and evaluate risks, they recognize the difficulty of inferring cause-and-effect relationships from epidemiological (observational) evidence and of inferring risks to humans from high-dose animal experiments, the two major sources of evidence. The final chapter reviews the exceptionally difficult problem of how the legal impact of disputes about phantom risks can be reduced.
(source: Nielsen Book Data)9780262061568 20160528
Law Library (Crown)
LAW-507-01