Open Access Research Article
IMPACT OF SCIENCE AND TECHNOLOGY ON LAW
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IMPACT OF SCIENCE AND TECHNOLOGY ON LAW
AUTHORED BY - MEHUL DHARMENDRA SHAH
P.E.SOCIETY’S
Modern Law College
Ganeshkhind University Circle, Pune
Abstract :
scholars in both
anthropology and law have found the approaches and concepts in Science and
Technology Studies (STS) useful to understand techno-scientific transformations
of the world. Legal scholars recognized that new scientific discoveries and
technology interfered in the processes of routinization of social practices,
creating new norms and influencing law. In the legal approach to STS, however,
the focus has been on the law of the state and/or law deriving from the
production of global governance institutions. Meanwhile, the encounter between
anthropology and law has always had to take into consideration normatively
effective mechanisms of social ordering that were not conventionally identified
as law. Thus, the adoption of an STS perspective in legal anthropology was more
open to exploring the normative power invested in other domains, such as the
built environment, technologies, and inventories of knowledge and convictions
such as religion. While L and STS are viewed as mutually constitutive of
modernity, anthropological studies of legal pluralism (LP) have focused in
recent years on multiple normative orders generated by world-making
initiatives, including the normative power of technology under the influence of
neoliberalism. In this contribution, then, we bring together law, science and
technology studies, and legal pluralism to explore how normative orders are
affected by materiality, technology, and scientific knowledge. In discussing
the intersection of these three knowledge regimes, we find particularly useful
concepts coming out of Actor Network Theory such as co-production, translation,
boundary objects, and infrastructure.
Introduction :
Law plays an essential
part in the regulation of science and technology and concerning the ethical
consequences of scientific research along with modern technologies. This field
of law, science, and technology attempts to study systematically the diverse
ways in which law interacts with science and technology. It has been defined as
“the discipline that deals with how our legal system can and must adjust to
accommodate the problems created by the ever more urgent and ubiquitous impact
of technology on society.”
With the growth of the
internet, technology, genomics, telecommunications, etc. legal scholars and law
schools emphasized on the intersection of the law with science and technology.
The United States Supreme Court Justice, Stephen Breyer stated, “scientific
issues now permeate the law.” There has been immense growth in the
study of law, science, and technology interactions including the incorporation
of the subject in the syllabus, courses, journals, conferences, etc. Apart from
this, there has been a growing awareness of the importance of scientific and
technological developments amongst legal scholars and practitioners.
Relationship between
science, technology, and law :
Law and science have a
complicated relationship. Science is the systematic approach that builds
and organizes knowledge in the form of testable explanations and predictions
about the universe. Law, on the other hand, refers to the system of rules which
have been laid down by the social institutions to regulate the actions of
members and it may enforce such behaviour by the imposition of penalties.
However, with the growth of scientific and technological advances, law, and
science, the two disciplines became interdependent on each other. The
legislature of various nations has laid down numerous laws to manage the
impacts of science and technology on society. For example, in the era of the
internet, the legislature has laid down laws and provisions which deal with
cybercrimes. Law seeks to curb the impacts of science and technology which
revolve around aspects such as risks, benefits, and ethical implications.
The judicial system also
seeks to provide remedies to the aggrieved party that has been wronged due to
the harmful implications of scientific and technological developments. Science
on the flip side has aided the legal system with modern technologies such as
polygraph tests, collection of evidence in a scientific manner, electronic
recordings which can be used as evidence before the court, etc. Science also
helps in the court proceedings with the admission of evidence, autopsy reports,
etc. Therefore science and law are codependent on each other despite being two
different disciplines in modern society with the advances in science and
technology.
increasingly the law has
to struggle in order to catch up with the changes brought about by new
technologies, scoring only modest results when it cames to evaluate how the law
handle effectively the problem that it meant to address. Since they pursue goals
using the tecnologies available at the time when they have been
conceived, legal rules are strongly interwined with the tecnhnologies
that have eased and made possible their initial conception. A change in
technology may render obsolete both the rules conceived for the regulation of
the old technology and the rules which were relying on the old technology in
order to accomplish goals pursued by the law.
Because technologies are
the product of the advancement of science, in order to deepen the understanding
of the relationship between law and technology it is inevitable to establish a
dialogue between law and other disciplines (biology, medicine, neuroscience,
computer science, engineering, economics, statistics, philosophy, sociology,
history). Consequences: it is important to build shared taxonomies, or at
least to be aware of the peculiarities of the lexicons of the various
sciences, others than that that one possesses; it is not possible to
investigate the relationship between law and technology without trying to
understand the logic and the ways in which the technology under examination
works; it is essential to conceive instruments of knowledge representation
designed to ease and quicken the understanding of the main features of one
field of knowledge to laypersons and particularly to scholars and researchers
who work in other scientific sectors; the education and training of a lawyer
should encourage the acquisition of habits of mind which could advance the
ability to master different knowledge and transversal disciplinary approaches,
while the lawyer should refrain from assuming an implicit vantage point
or aura of superiority when approaching or interacting with experts of other
disciplines.
In the last decades,
the different fields of knowledge have expanded tremendously in terms of
quantity and quality: new disciplines have emerged while traditional
disciplines have expanded enourmously their knowledge base. The
convergence of sciences has spurred the development of increasingly
sophisticated technologies, for example, in medical diagnosis, the advent of
machines such as the CAT scanners and ecographs was made possible by the joint
work of physicians, physicists, computer scientists and engineers.
Talking to each other is a conditio sine qua non among sciences. The law could
serve as a “bridge” between different knowledge and disciplines. In many ways,
lawyers are best equipped to promote a dialogue among different sciences and
knowledge as a prerequisite to facilitate the production of new knowledge.
Effects of science and
technology on law :
Science and technology
have substantive as well as the procedural effect on the law. On the
substantive side, new scientific evidence and methodology can change the course
of legal claims and their outcomes, i.e. forensic science has opened new
avenues in criminal law while creating a myriad of legal, ethical, and social
issues and on the procedural aspect of the law, it lays down how DNA samples
should be collected and stored, how genetic information may be used, when are
convicted criminals allowed to reopen their cases, etc.
In the early twenty-first
century, digital evidence has improved the quality and availability of trial
evidence while raising concerns about tampering and fabricating digital pieces
of evidence. This led to a massive change in the law.
Technology has changed the
way we live our lives in pretty much every way imaginable. In the past, the
common belief was that only manual work would be greatly affected by the rise
of technology. However, service professions such as the legal profession have
certainly seen a change as well. There are discussions what this will mean in
the future and whether it will go beyond the current aiding role. If that is
so, it could potentially change the current legal framework and question the
role of lawyers themselves. There are also issues in relation to the protection
of clients through data protection, confidentiality and accountability to look
out for. This essay will focus on four main points. Firstly, it will discuss
the overall impact of technology on the legal profession, while discussing the
potential and feared threat of this. Secondly, exploring the lawyer’s
responsibility to offer quality and proper service while relating this to
accountability of technology. Thirdly, it will discuss issues relating to confidentiality
and the overall role of the lawyer to ensure confidentiality is kept a priority
while balancing out the cost reducing and more efficient technologies. Lastly,
it will discuss the educational position in relation to technology and the changes
that need to happen to prepare future lawyers for their careers. The legal
profession has been around for a long time, as it is one of the oldest information
professions .
Science and tech. &
relation with law :
Clinical trials form an
integral part of the drug discovery process worldwide. Clinical trials
are the set of practices
required to certify a new drug molecule as safe and efficacious for the
market. Medical research,
in general, is a good thing and absolutely necessary to cure number
of chronic diseases. At
present in India we have 40 million asthmatic patients, about 34
million diabetic patients,
8-10 million people with HIV, 8 million epileptic patients, 3 million
cancer patients, more than
2 million cardiac-related deaths, 1.5 million people with
Alzheimer's disease; 15%
of the population is hypertensive, and 1% suffers from
schizophrenia In order to
give best treatment to above diseases research on humans is both
necessary and desirable. A
clinical trial is defined as "any research study that prospectively
assigns human participants or groups of humans to one
or more health-related interventions
to evaluate the effects on
health outcomes." Interventions include not only drugs but also
cells and other biological
products, surgical procedures, radiological procedures, devices,
behavioural treatments,
process-of-care changes, preventive care, etc. A set of guidelines are
already in place in India
for the ethical conduct of studies to safeguard the interests of
patients or volunteers
participating in the study. Research subjects' have long been
controversial, even after
decades of debate, experience, and Regulation. In this review, this
paper aims at discuss the
International and National Laws on Clinical Trials, ethics in clinical
research, next it reviewed
some current controversies on clinical trials and concludes with a
discussion we need more
standards and Legislations for future medical research on human subject.
Role of Technology in
Legal Sector :[1]
Technology has been
playing a vital role in the legal industry. It has increased the efficiency of
legal offices and productivity of clerical workers. With the advent of legal
tech, there is greater transparency between legal firms and clients. Clients
know how much fees they have to pay and can keep track of day-to-day progress
of the lawyer on their case. Also, there is no doubt that technology, if used
correctly, is fast and efficient – more than any human individual. This can
prove to be of great assistance to any law firm.
i.
Automated processes
Traditionally, all the
in-house legal tasks are performed manually. While lawyers focus heavily on
interacting with non-lawyers and other business professionals, they also have
to invest some time in operating the associated tasks. Of which, 63% are
found to be fact-based and repeatable.
Now, legal software like
word processors and eDiscovery software, in this case, takes over
the tasks and perform automatically. This not solely enhances the pace of
operations, but also gives attorneys enough time to focus on other productive
tasks.
ii. Ease of research
Though legal professionals
have become accustomed to the Internet and other such resources for their
research method, they are still clung to the print products. They take a
printout of everything including the revised laws and regulations and refer to
them while working on each case. This adds to the time required for research
work.
Legal research solutions,
in this case, helps lawyers remain updated with each and every change in the
regulations even when not at their desk. Besides, these platforms avail a vast
range of tools and functionalities like ‘search’ that might not be available
with print products.
iii. Better resource management
Earlier, junior attorneys
were recruited to perform odd jobs like gathering, storing, managing, and
processing titles, or informing lawyers about their daily schedule. This not
only makes them disinterested in the process, but also makes senior attorneys
wonder how to use their potential in a better way. Something that legal tech
solutions help with.
The legal title management
and calendaring applications perform all the tasks associated with titles along
with giving them quick insights of what all tasks they have to do on that
particular day. This gives senior attorneys an opportunity to use the resources
(here, junior attorneys) in a better and effective way. Consequently, resulting
in better outcomes.
iv. Decline in risk of errors
Another importance of
technology in law sector is that it cuts down the risk of errors that
might be possible because of overlooking or misinterpretation of any fact and
figure, ultimately bringing a drastic change in the judgment.
Here, the technological
solutions eases the access to all the details. Also, it adds the facility to
use the raw power of analytics in the processing, making it easier for legal
practitioners to look at any fact/evidence from different angles and utilize it
in a better and effective manner.
v. Increased transparency
Even today, many lawyers
showcase the issues faced by clients in a complicated way to earn more profits.
They do not disclose that the problem they are facing is as simple as using a
DSLR. Besides, the law practices are also confined to offline sources. This
makes clients doubt every lawyer they connect with.
However, this situation
can be improved with the help of the finest legal practice management
solutions and other such offers. These tech solutions can create a
marketplace where clients can come across the profiles of the best legal
professionals in the industry. They can chat with different attorneys and
remain in touch in real-time, along with getting acquainted with the basic law
requirements. This can further help them partner with the right professionals
and enjoy higher perks, in addition to trustability and transparency in the
process.
vi. Higher convenience
Legal-based mobile apps
and software adds convenience to the processes in the law industry. On one
side, these tech solutions help common users connect with the top law
professionals even without stepping out of their home. While, on the other
side, these software can provide lawyers an opportunity to maintain
communication with other attorneys and clients, update them in real-time,
perform research work efficiently, and more.
This, as a result, makes
the complete legal ecosystem highly convenient for all.
vii. Enhanced customer
experience
Gone are those days when
offering the finest legal services was all required to gain limelight in the
industry. Today, it has become equally important to keep your clients satisfied
and happy.
In this case, AI can enhance your customer
experience strategy by delivering customized services. It can gather heaps
of consumer data in real-time and help you to know your clients better. It can
also send personalized emails and other messages to keep them engaged all the
time.
viii.
More collaboration among lawyers:
One of the advantages of
technology in law is that lawyers can now work together on important matters
with productive tools like Slack, Google Docs, Microsoft Teams, etc. They no
longer have to sit next to each other in order to draft a petition or discuss
the important aspects of a case. Legal tech is enabling a culture of remote law
firms. Lawyers and law firms can now serve more clients irrespective of
geographical location.
ix. Faster processing of
information:
The use of technology in
legal profession, if used correctly, is fast and efficient.. This can prove to
be of great assistance to any law firm. Using technology, a high level of
analysis can be done in a matter of minutes. Complex calculations and error solving
can be now done in a few seconds. This would previously take a large amount of
time and was also quite a tedious clerical task that interested no one.
However, as of now, legal technology can help in managing a high turnover of
cases.
Now, while these are
the benefits of legal technology, it is advisable for you to take a
glimpse of the future prospect before taking a decision. So, taking the same
thought forward, let’s take a look at how the future of the legal technology
market will appear.
Division of the field into
three primary standards :
Despite the growing
interests and awareness that states science and technology present a unique
angle of law; different formulations exist for examining the law,
science, and technology. There exist three primary standards of the division of
the field.
- The first concerns the role of
the law in managing the impacts of science and technology which includes
controlling the risks, promoting the benefits, and addressing ethical
implications.
- Secondly, the institutions of
law and science examine how the law affects the practice of scientific
research as well as the reciprocal relationship that determines how
science and technology influence the law.
- The third standard involves a
more general inquiry into the problems and tensions which emerge from the
intersection of law with science and technology.
The critical role played
by law in managing the impacts of science and technology :[2]
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.
1. 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
programmes which try to reduce potential risks from technologies such as
industrial chemicals, pesticides, natural resource extraction, pharmaceutical,
etc. These legislations predict potential harms and attempts to curb that.
Apart from
major legislations 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 also provide experts to
aid in the proceedings which involve science and technology.
2. 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.
3. 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.
4. Legal v. scientific
standards
A heated
debate topic in the field of law, science, and technology states whether the
law should apply scientific standards and methods of proof, or apply its
standards to scientific evidence. An example is the concept of statistical
significance, where the standard scientific convention is that a result will be
considered statistically significant if the probability of the result being
observed by chance alone is less than five percent. Legal experts argue that
law should apply a more lenient standard in cases of civil litigation where the
standard of proof is predominant of the evidence.
However, it is
essential for the court to understand scientific methodologies while deciding
on cases that involve science and technology. In the case, Daubert v. Merrell
Dow Pharmaceuticals, Inc., the United States Supreme Court held that courts
must guarantee that scientific testimony must have grounding methods of science
and procedures which have derived from scientific methods.
5. New technologies v. old
laws
Another issue on this
aspect is whether new technologies require new legal frameworks or whether they
can work within the ambit of old laws. This could be answered by the
incorporation of eminent legislation in the legal framework of the society
which addresses issues on the internet such as privacy, copyright, etc. These
issues also arise in other technological contexts. Existing laws have generally
been applied in the United States, while new enactments have been promulgated
in Europe and other jurisdictions.
One of the examples; is
patent law, where to date existing rules have been applied even in the case of
new technologies in genes and other biomedical discoveries.
Some of the legal
luminaries have argued that new laws, in particular new approaches that move
away from the one-size-fits-all approach of current law, are needed to provide
optimal patent protection for certain new and emerging technologies.
Conclusion :
Law and science are
codependent on each other despite being different disciplines. Law interacts
with science and technology on different levels and diverse ways. These
interactions proliferate in the future with advancing technologies that present
risks, benefits, and ethical implications on 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.
Science and technology
have had a profound impact on the field of law in several ways. These impacts include
changes in legal practice, the evolution of legal norms and regulations, and
the challenges and opportunities presented by emerging technologies. The
digital age has transformed the way evidence is collected and presented in
legal proceedings. E-discovery tools are now used to sift through vast amounts
of digital data, such as emails and documents, to find relevant evidence.
Courts and legal professionals have had to adapt to the challenges and
complexities of handling digital evidence. Legal technology startups
(LegalTech) are introducing innovative tools and platforms to assist lawyers in
their work, improving efficiency and reducing costs. These include case
management software, contract analysis tools, and online legal services.
science and technology
have significantly impacted the field of law by necessitating new regulations,
changing legal practice, and introducing novel challenges and opportunities.
Legal professionals, policymakers, and society as a whole must continually adapt
to these changes to ensure that the legal system remains relevant and effective
in the modern world.
Reference :
1. Jasanoff, S. (1997). Science
at the bar: Law, science, and technology in America (Vol. 9). Harvard
University Press.
2. Lachs, M. (1992). Thoughts
on Science, Technology and World Law. American Journal of International
Law, 86(4), 673-699.
3. Gibbons, J. H. (2017).
Science, technology and law in the third century of the constitution. In Science
and Technology Advice (pp. 415-419). Routledge.
4. Goldberg, S. (1986).
Reluctant Embrace: Law and Science in America, The. Geo. LJ, 75,
1341.
5. https://supreme.justia.com/cases/federal/us/509/579/
Article Information
IMPACT OF SCIENCE AND TECHNOLOGY ON LAW
Authors: MEHUL DHARMENDRA SHAH
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/22
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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