Culture Clash

Culture Clash

by Steven Goldberg, Coleen Friel, Robert Raddick
     
 

ISBN-10: 0814730914

ISBN-13: 9780814730911

Pub. Date: 10/01/1996

Publisher: New York University Press

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…  See more details below

Overview

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. 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.

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Product Details

ISBN-13:
9780814730911
Publisher:
New York University Press
Publication date:
10/01/1996
Edition description:
New Edition
Pages:
270
Product dimensions:
6.00(w) x 9.00(h) x 0.61(d)

Table of Contents

Acknowledgments
1Introduction1
2Lawyers and Scientists6
Progress in Science7
The Kuhn Critique9
The Limited Role of Practical Applications11
Process in Law13
The Daubert Case20
Defining Terms23
3The Constitutional Status of Basic Research26
The Enlightenment Background26
Free Speech for Scientists28
Government Support for Science31
Science Spending for the General Welfare35
The Tension between Freedom and Funding39
4The Statutory Framework For Basic Research44
Delegation to Agencies of Funding Decisions44
The Absence of a Department of Science48
Limits on Executive and Legislative Control of Agencies49
The Virtual Absence of Judicial Review54
The Privileged Legal Status of Science62
5Science versus Religion in American Law69
The Framers' Conception of Religion and Science69
The Modern Dispute over the Theory of Evolution72
Creationism in the Courts75
The Growth of Civil Religion79
Science, Progress, and Values81
6Legal Restrictions on New Technology: The Regulatory Gap and the Emergence of the Science Counselor84
The Constitutional Basis for Regulating Technology84
Statutory Regulation through Delegation to Agencies87
The Stringent Judicial Review of Regulatory Decisions90
The Regulatory Gap94
The Case of Nuclear Fission96
Computers and Regulation99
The Emergence of the Science Counselor103
Superconductivity and the Science Counselor108
7The Human Genome Initiative and Human Responsibility112
The Development of Modern Genetics112
The Political History of the Genome Initiative118
Big Science versus Little Science in Genome Research121
Science Counselors at Work123
The Regulatory Issues Ahead: Gene Therapy and Privacy124
Determinism and Human Values128
8Nuclear Fusion: Boundless Optimism and Limited Energy131
The Underlying Science131
The American Fusion Program134
Alternative Approaches to Fusion136
The National Environmental Policy Act and Fusion Research139
Funding Problems for Fusion144
The Solar Comparison and the Dream of Limitless Energy145
9Artificial Intelligence and the Essense of Humanity151
The Origins of Artificial Intelligence151
Artificial Life151
The Practical Impact of Artificial Intelligence154
Consciousness and Human Uniqueness155
The Debate over Computer Consciousness: Science versus Science158
Consciousness and the Legal Definition of Death166
10Conclusion178
Notes185
Bibliography233
Index251

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