Laboratory of Justice The Supreme Court's 200-Year Struggle to Integrate Science and the Law |
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Author:
| Faigman, David L. |
ISBN: | 978-1-4223-9453-3 |
Publication Date: | Apr 2008 |
Publisher: | DIANE Publishing Company
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Book Format: | Paperback |
List Price: | USD $17.00 |
Book Description:
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Because constitutional law works by precedent, the Supreme Court embeds the science of earlier times into our laws today -- sometimes in the service of facts & truth, sometimes in the service of judicial expediency. Here are examples: the 19th-century decision on the ¿race question¿ in the ¿Dred Scott¿ Case; Social Darwinism & biological determinism in the 1927 ¿Buck v. Bell¿ eugenics case which held that the government could sterilize individuals it determined were mentally defective;...
More DescriptionBecause constitutional law works by precedent, the Supreme Court embeds the science of earlier times into our laws today -- sometimes in the service of facts & truth, sometimes in the service of judicial expediency. Here are examples: the 19th-century decision on the ¿race question¿ in the ¿Dred Scott¿ Case; Social Darwinism & biological determinism in the 1927 ¿Buck v. Bell¿ eugenics case which held that the government could sterilize individuals it determined were mentally defective; the internment of Japanese-Americans in the 1940s based on genetics; & the Court¿s decision to guarantee legal abortion in ¿Roe v. Wade¿. ¿The Court must embrace science rather than resist it, turning to the laboratory as well as to precedent.¿