Culture Clash

by
Format: Paperback
Pub. Date: 1996-10-01
Publisher(s): New York Univ Pr
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Summary

It is an article of faith in America that scientific advances will lead to wondrous progress in our daily lives. Americans proudly support scientific research that yields stunning breakthroughs and Nobel prizes. We relish the ensuing debate about the implications--moral, ethical, practical--of these advances. Will genetic engineering change our basic nature? Will artificial intelligence challenge our sense of human uniqueness? And yet the actual implementation of these technologies is often sluggish and much-delayed. From Star Trek to Jurassic Park, the American imagination has always been fascinated by the power of scientific technology. But what does the reality of scientific progress mean for our society?In this controversial book, Steven Goldberg provides a compelling look at the intersection of two of America's most powerful communities--law and science--to explain this apparent contradiction. Rarely considered in tandem, law and science highlight a fundamental paradox in the American character, the struggle between progress and process. Science, with its ethic of endless progress, has long fit beautifully with America's self image. Law, in accordance with the American ideal of giving everyone a fair say, stresses process above all else, seeking an acceptable, rather than a scientifically correct, result. This characteristic has been especially influential in light of the explosive growth of the legal community in recent years.Exposing how the legal system both supports and restricts American science and technology, Goldberg considers the role and future of three projects--artificial intelligence, nuclear fusion, and the human genome initiative--to argue for a scientific vision that infuses research with social goals beyond the pure search for truth. Certain to provoke debate within a wide range of academic and professional communities, Culture Clash reveals one of the most important and defining conflicts in contemporary American life.

Table of Contents

Acknowledgments
Introductionp. 1
Lawyers and Scientistsp. 6
Progress in Sciencep. 7
The Kuhn Critiquep. 9
The Limited Role of Practical Applicationsp. 11
Process in Lawp. 13
The Daubert Casep. 20
Defining Termsp. 23
The Constitutional Status of Basic Researchp. 26
The Enlightenment Backgroundp. 26
Free Speech for Scientistsp. 28
Government Support for Sciencep. 31
Science Spending for the General Welfarep. 35
The Tension between Freedom and Fundingp. 39
The Statutory Framework For Basic Researchp. 44
Delegation to Agencies of Funding Decisionsp. 44
The Absence of a Department of Sciencep. 48
Limits on Executive and Legislative Control of Agenciesp. 49
The Virtual Absence of Judicial Reviewp. 54
The Privileged Legal Status of Sciencep. 62
Science versus Religion in American Lawp. 69
The Framers' Conception of Religion and Sciencep. 69
The Modern Dispute over the Theory of Evolutionp. 72
Creationism in the Courtsp. 75
The Growth of Civil Religionp. 79
Science, Progress, and Valuesp. 81
Legal Restrictions on New Technology: The Regulatory Gap and the Emergence of the Science Counselorp. 84
The Constitutional Basis for Regulating Technologyp. 84
Statutory Regulation through Delegation to Agenciesp. 87
The Stringent Judicial Review of Regulatory Decisionsp. 90
The Regulatory Gapp. 94
The Case of Nuclear Fissionp. 96
Computers and Regulationp. 99
The Emergence of the Science Counselorp. 103
Superconductivity and the Science Counselorp. 108
The Human Genome Initiative and Human Responsibilityp. 112
The Development of Modern Geneticsp. 112
The Political History of the Genome Initiativep. 118
Big Science versus Little Science in Genome Researchp. 121
Science Counselors at Workp. 123
The Regulatory Issues Ahead: Gene Therapy and Privacyp. 124
Determinism and Human Valuesp. 128
Nuclear Fusion: Boundless Optimism and Limited Energyp. 131
The Underlying Sciencep. 131
The American Fusion Programp. 134
Alternative Approaches to Fusionp. 136
The National Environmental Policy Act and Fusion Researchp. 139
Funding Problems for Fusionp. 144
The Solar Comparison and the Dream of Limitless Energyp. 145
Artificial Intelligence and the Essense of Humanityp. 151
The Origins of Artificial Intelligencep. 151
Artificial Lifep. 151
The Practical Impact of Artificial Intelligencep. 154
Consciousness and Human Uniquenessp. 155
The Debate over Computer Consciousness: Science versus Sciencep. 158
Consciousness and the Legal Definition of Deathp. 166
Conclusionp. 178
Notesp. 185
Bibliographyp. 233
Indexp. 251
Table of Contents provided by Blackwell. All Rights Reserved.

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