The allure of science has always captivated members of the legal profession. Its siren's song offers a tune of perfection and the promise of endowing law with the respect and deference from society that we crave. We continually look to science to rescue us from the discomfort of difficult legal decisions, and we are constantly disappointed. The powerful allure of science flows in part from our distress over the imperfections of law. With 20th-century legal theory ringing in our ears, it is tempting to see law as a hopeless enterprise, distorted by biases, hampered by ineptitude, and cluttered ... More

The allure of science has always captivated members of the legal profession. Its siren's song offers a tune of perfection and the promise of endowing law with the respect and deference from society that we crave. We continually look to science to rescue us from the discomfort of difficult legal decisions, and we are constantly disappointed. The powerful allure of science flows in part from our distress over the imperfections of law. With 20th-century legal theory ringing in our ears, it is tempting to see law as a hopeless enterprise, distorted by biases, hampered by ineptitude, and cluttered with contradictions. Anything deconstructed loses power, although ultimately, the instinct to deconstruct everything loses power, itself, by leaving nothing. Nevertheless, with these critical perspectives in mind, the call of science is particularly strong. This book traces the interrelation of law and science, analyzing law's attempts to import science into law and attempts to export law's problems to science. Though most authors frame problems at the intersection of law and science in terms of how rapidly scientific information changes and how frequently the legal system distorts science, this book argues that problems at the intersection of law and science flow not from the changing nature of science but from the changing nature of law. With this in mind, the book uses examples from doctrines related to abortion, gene patenting, copyright, environmental regulation, antitrust law, the insanity defense, and other topics to explore the nature of law and to suggest approaches for making science work more effectively within the domain of law. Most important, the book argues that we are unlikely to avoid the cycles of exaltation and disappointment unless we are willing to relinquish the desire for completion and perfection in law.