RELATIONSHIP BETWEEN LAW, SCIENCE, AND TECHNOLOGY IN MODERN SOCIETY BY - PRADNYA VIJAYKUMAR PATIL & ASST. PROF. PRAJAKTA PIMPALSHENDE
RELATIONSHIP BETWEEN LAW, SCIENCE, AND TECHNOLOGY IN MODERN
SOCIETY
AUTHORED BY - PRADNYA VIJAYKUMAR PATIL
& ASST. PROF.
PRAJAKTA PIMPALSHENDE
Roll no: 6
CLASS: L.L.M 2nd YEAR,
SEMESTER: 3
SUBJECT- LAW, SCIENCE AND TECHNOLOG
PROGRESSIVE EDUCATION SOCIETY’S
MODERN LAW COLLEGE, PUNE.
SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE 411007
Introduction
Law is crucial in governing science
and technology, especially in addressing the ethical implications of scientific
research and modern innovations. The interdisciplinary field of law, science,
and technology examines how legal systems engage with and adapt to scientific
and technological advances. It is described as “the discipline that explores
how our legal framework must evolve to address the challenges posed by the
increasing and pervasive influence of technology on society.”
As the internet, technology,
genomics, and telecommunications have advanced, legal scholars and institutions
have increasingly focused on the intersection of law with science and
technology. U.S. Supreme Court Justice Stephen Breyer noted that “scientific
issues now permeate the law.” This focus has led to significant expansion in
the study of these interactions, reflected in curriculum development,
specialized courses, journals, and conferences. Additionally, there is a
growing recognition among legal scholars and practitioners of the critical
importance of staying informed about scientific and technological progress.
Relationship
between science, technology, and law
"Law and science have a
complicated relationship." Science is a systematic strategy for gathering,
organizing, and evaluating information about the universe. Law, on the other
hand, refers to the set of rules which have been established by the social
institutions to govern behavior and is enforced with punishments. Thus, with
the expansion of scientific and technical developments, laws, and science
became interconnected. Several laws regulate the influence of science and
technology on society. Additionally, in the Internet age, the government has
imposed rules and regulations on cybercrimes. The law is established to limit
the positive, negative, and ethical effects of science and technology.[1]
The court system aims to give
remedies to anyone affected by negative scientific and technical breakthroughs,
including disgruntled parties. On the flip side, science has provided
contemporary technological tools like polygraph exams, evidence collection, and
electronic recordings that may be used in court. Science aids in judicial
procedures by admitting evidence, autopsy findings, and the like. Research and
law are mutually dependent because of breakthroughs in science and technology.
Effects of
Science and Technology on Law
Science and technology significantly
impact both the substantive and procedural aspects of the law. Substantively,
advancements in scientific evidence and methodologies can reshape legal claims
and their outcomes. For instance, forensic science has revolutionized criminal
law by introducing new investigative techniques, but it has also generated a
host of legal, ethical, and social challenges.
Procedurally, science and technology
influence the regulations governing the collection and storage of DNA samples,
the use of genetic information, and the conditions under which convicted
individuals can seek to reopen their cases. In the early twenty-first century,
the rise of digital evidence has enhanced the quality and accessibility of
trial evidence, while also introducing concerns about the potential for
tampering and fabrication. This shift has prompted significant legal changes to
address these emerging issues.
Effects of
Law on Science and Technology
The law has a significant impact on
science and technology, particularly when addressing grievances related to
scientific misconduct. Individuals affected by such misconduct may seek
judicial remedies, which can involve serving non-party subpoenas on researchers
whose work is relevant to the case. This can lead to intrusive examinations of
scientists' work and require them to disclose detailed information about their
research activities in court.
Additionally, legislators impose new
legal requirements on scientists, especially when research is funded by
government sources. This includes adhering to legal protocols designed to
protect both scientists and the public. For example, the Data Quality Act enacted
by the U.S. Congress in 2000 established a range of substantive and procedural
standards for scientific methodology. These developments reflect a growing
trend of legal oversight and regulation in the field of science and technology.
Division of
the Field into Three Primary Standards
As interest in the intersection of
law, science, and technology has grown, various frameworks have emerged to
analyze this relationship. The field is commonly divided into three primary
standards:
1. Regulatory Impact: This standard
focuses on how the law manages the effects of science and technology. It
involves regulating risks, promoting benefits, and addressing ethical concerns
associated with scientific and technological advancements.
2. Institutional Interaction: This
standard explores how legal institutions and scientific practices intersect. It
examines how legal frameworks influence scientific research and, conversely,
how scientific and technological developments impact legal systems.
3. General Inquiry: This standard takes
a broader look at the issues and tensions arising from the convergence of law
with science and technology. It addresses the overarching challenges and
conflicts that emerge from their intersection.
The critical role played by law in
managing the impacts of science and technology Law plays a crucial role in
managing the impacts of science and technology on society. Law seeks to curb
the impacts of science and technology which revolve around aspects such as
risks, benefits, and ethical implications.
Controlling
risks of modern scientific technologies
The law is the principal societal
institution for controlling these risks through the legislature and the
judiciary. Risk regulation involves two key aspects of scientific and legal
interaction. Firstly, the part played by law in regulating risks from science
and technology, and secondly, the use of science by law to assess risk from new
and existing technologies. The parliament of different nations tries to reduce
risk before it imposes a greater threat to society. Most industrialized nations
have comprehensive statutory or regulatory programs that try to reduce
potential risks from technologies such as industrial chemicals, pesticides,
natural resource extraction, pharmaceuticals, etc. These legislations predict
potential harms and attempt to curb them.
Apart from major legislation law also
tries to prevent risks through litigation and liability. Individuals who have
been injured by technologies may bring tort or product liability lawsuits seeking
compensation and science, on the other hand, plays the critical role of
providing evidence of such cases.
In a leading case of Daubert v.
Merrell Dow Pharmaceuticals, Inc., it was stated by the court that federal
courts are required to perform a gatekeeping function to affirm that scientific
testimony is relevant and reliable before it can be admitted. This judgment has
involved judges being proactive and knowledgeable in screening prospective
scientific testimony and has also stimulated scientific organizations to seek
and educate judges and provide experts to aid in the proceedings that involve
science and technology.
Benefits of
new technologies
The law also plays an essential role
in the development of innovation and promoting technologies through legal
doctrines and mechanisms. The most important aspect relates to intellectual
property, by which the law gives the investors and creators a time-limited
exclusive right to commercially exploit the output of the work of their
workers. The main objective of protecting intellectual property is to promote
innovation, by giving researchers, and authors economic incentives which will
aid them to create new inventions and works. New technologies cause fundamental
challenges to traditional doctrines.
For example, digital information
might not be adequately protected by old traditional laws and it requires the
copyright owner to bring a lawsuit alleging infringement. Because unlimited
copies can be made by simply uploading material on the internet and thereafter,
legislatures and courts have extended more copyright protection for digital
data.
There also exist challenges in
adapting patent law to genetic discoveries. Patenting genes have raised
numerous scientific, legal, ethical, and practical complexities that established
patent law is not equipped to address. Such as the traditional distinction
between non-patentable products and patentable inventions and discoveries has
been dimmed by technology.
Ethical
implications of technology
The law also seeks to resolve the
ethical implications of technology on the society which arise due to modern
inventions. Society heavily relies on legislatures and courts to develop and
apply appropriate legal principles. The law attempts to resolve moral issues in
a socially acceptable manner. In various cases, courts have considered their
authority while giving a decision in ethical aspects of controversial
technological developments. Even when courts exclude ethical considerations
they often remain the primary reason for litigation which is fought before the
court in socio-legal grounds. [2]
New
technologies v. old laws
Another point to consider is whether
new technologies need new legal frameworks or can function within the confines
of existing laws. This might be addressed by incorporating eminent laws into
the society’s legal structure, which handles concerns on the internet like
privacy, copyright, and so on. These challenges emerge in a variety of
technology settings. Existing laws have been applied broadly in the United States,
while new legislation has been enacted in Europe and other places. One example
is patent law, where current laws have been enforced even though new technology
in genes and other biological discoveries have been discovered. Some legal
luminaries have suggested that new laws are required to guarantee appropriate
patent protection for some new and developing technologies, particularly
innovative techniques that shift away from the one-size-fits-all approach of
the present law.
Challenges
faced by law in the field of science and technology
Science and technology are rapidly
evolving in contemporary civilization. Moore’s Law, which predicts that the
number of transistors on microchips will double every two years, is an example
of such progress. The law, on the other hand, is less dynamic since it must go
through a technical statutory procedure to keep up with scientific
advancements. Due to the binding influence of previous precedents, statutes may
readily become obsolete, and case law may be sluggish to adapt to scientific
and technical breakthroughs. As a consequence, the legislation is founded on
out-of-date scientific assumptions or fails to react to new scientific and
technical information. To stay up with science and technology, the law must
adapt to changing science and technology and integrate adaptable legal systems.[3]
Conclusion
Law and science are codependent on
each other despite being different disciplines. Law interacts with science and
technology on different levels and in diverse ways. These interactions
proliferate in the future with advancing technologies that present risks,
benefits, and ethical implications for society. The field of law, science, and
technology attempt to bridge the gap between these two fields of study and also
tries to tackle the challenges faced by law, science, and technology. It also
seeks to provide a systematic treatment of the actions and problems that would
eventually help these subjects evolve in parallel and at pace with subject
matter.
[1]https://legalmetry.com/blog/relationship-between-law-science-technology/#:~:text=Law%20regulates%20science%20and%20technology,how%20law%20and%20science%20intersect.
[2] https://blog.ipleaders.in/relationship-law-science-technology-modern-society/
[3] https://www.encyclopedia.com/science/encyclopedias-almanacs-transcripts-and-maps/science-technology-and-law