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Review
In this witty book, Tal Golan shows how the Anglo-American legal system accommodated itself partially and reluctantly to the laws of science and the agitation of scientists. In style and substance, Laws of Men and Laws of Nature shines as a work in the history of science and eclipses most contemporary science studies. (J. L. Heilbron, author of The Sun in the Church: Cathedrals as Solar Observatories)In disputes ranging across health, the environment, regulation, crime, and myriad other features of contemporary society, science is ubiquitous in the courts. In compelling prose, Tal Golan brilliantly illuminates the historical roots of the interplay between science and the law, showing that it has a history going back to the late 18th century and revealing how each affected the other, with the legal process calling forth expert research and the claims of scientific expertise helping to shape the rules of evidence. This is a major, authoritative work, of groundbreaking importance. (Daniel J. Kevles, author of The Baltimore Case: A Trial of Politics, Science, and Character)[An] engaging history of expert evidence in the Anglo-American courtroom...Laws of Men and Laws of Nature is both well written and wide-ranging, traveling from 18th-century England to early 20th-century America, from patent law to microscopy to experimental psychology...An extremely able, much-needed account of the tangled, troubled connections between the world of law and the world of science. (Jennifer L. Mnookin American Scientist 2004-11-01)This fascinating history of scientific expert testimony explores the relations between science and law in the courts of England and America over the past two centuries. It covers the late-18th-century court case over the supposed causes of the decay of Wells harbour in Norfolk, on England's east coast; the difficulties of distinguishing human from animal blood in the 19th century; the gradual acceptance of X-ray, photographic and other 'silent witness' evidence in the 20th century; and the unsettled debate over the accuracy of lie-detector tests...For anyone who finds themselves at the ever-controversial interface between science and the law, this book provides invaluable context and a most interesting read. (New Scientist 2004-08-28)[An] original and thoughtful [history] of the fitful relationship between science and the law from its roots in the 18th century common law. (Bettyann Holtzmann Kevles Science 2004-10-15)This book will be enjoyed not only for its insight into the development of expert evidence but also into the history of industrial relations. (Oliver Popplewell Times Higher Education Supplement 2005-02-11)Trials are the stuff of Tal Golan's engaging narrative as he briskly guides his readers through some of the formative moments in a century or so of scientific expert testimony in English and American common law. (Sheila Jasanoff Nature 2005-03-03)Tal Golan's Laws of Men and Laws of Nature is an important historical examination of scientific expert testimony in Common Law courts. Golan accomplishes this through an examination of the relationship between the institution of law and the institution of scienceÂ…Unfortunately, their relationship has gone largely ignored by historians of each field respectively Â…Tal Golan's book contributes importantly to our understanding of expert testimony, and, more broadly, the relationship between law and science. Furthermore, it is essential for understanding the current status of expert testimony in trialsÂ…Readers will appreciate the book's historical detail. Golan's retelling of history is excellent: not burdened with minutiae but sufficiently colorful to maintain interestÂ…Golan effectively argues that law and science evolved concomitantly, and those interested in the relationship between these two institutions will find this book indispensable. (Christopher Salinas Argumentation and Advocacy)Marvelous...Tal Golan, a historian of science at the University of California at San Diego, takes us on an intimate tour of the centuries-long love-hate relationship between science and the law...Mr. Golan's book is especially timely, as in America we seem more suspicious than ever of the role of science in the courtroom. It is instructive, therefore, to take a stroll through history in this book, and see the many ways that bringing science into the courtroom served the greater good. (Carla T. Main New York Law Journal Magazine 2004-10-01)Professor Golan has produced an important work, a long-overdue historical addition to the scientific evidence literature. It is a must-read, not only for scientific evidence scholars, but also for anyone seeking a richer understanding of the continuing and frustrating conflicts between law and science. (Edward K. Cheng Michigan Law Review)
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About the Author
Tal Golan is Associate Professor of the History of Science at the University of California, San Diego.
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Product details
Paperback: 336 pages
Publisher: Harvard University Press (September 30, 2007)
Language: English
ISBN-10: 0674025806
ISBN-13: 978-0674025806
Product Dimensions:
5.2 x 0.5 x 9.5 inches
Shipping Weight: 12 ounces (View shipping rates and policies)
Average Customer Review:
4.4 out of 5 stars
2 customer reviews
Amazon Best Sellers Rank:
#485,739 in Books (See Top 100 in Books)
This is an excellent book, I just finished reading independently as a graduate student studying the Philosophy of Science (VT). Golan maps out a history which until this book has been spread out over a number of disparate cases, letters, newspapers, and other new and old publications. The intricate detail of each scientific case which he considers is helpful not only for those interested in the legal history, but for those more interested in the science and its status in jurisprudence. For myself, I am now working on an article to answer a tantalizing question which Golan's work was not meant to address: What is the status of scientific testimony in law today and has it improved since, say, the Frye case of 1923, nearly 100 years ago? Golan correctly traces the struggle throughout the book between men of science and men of law, noting how each party sought to consolidate and/or substantiate their ongoing or newly developing guilds.It seems that today, after Daubert v. Merrell Dow Pharmaceuticals, Inc. (1992), that the law has won the struggle as the primary gatekeeper of admissible science. However, what Golan has inspired me to explore is whether this gatekeeping power of federal judges has actually promoted the authority of science by filtering out experts whose contradictory opinions are exposed, in a demeaning way, by the adversarial system. I do not yet know whether I will publish the article in a law or philosophy journal, but either way, I will make it plane that Golan's work is the inspiration of my research on this topic.I give four stars for a well-done, chronological structure, excellent writing, and great facility with a vast body of literature. Perhaps not five stars since the book seemed to end too abruptly! Well done.jacobe15@vt.edu
We have all seen the dismaying spectacle of partisan scientific experts testifying in court in support of whichever side hires them. Pundits and politicians decry what they call "junk science" in the courts, suggesting sweeping judicial reforms. It's natural to assume that this is a new phenomenon. In this brilliant book, Golan shows that the place of scientific experts in the courtroom has been problematic and disputed for generations. Golan describes centuries of the complicated, changing relations between Anglo-American courts and scientific establishment. He demonstrates the ways in which each of these two central institutions in modern society - the legal systems and science - have consistently used their interaction to define themselves and each other. Each of these institutions is ostensibly devoted to generating truth, but each in a different way and with different criteria. Through studying the constant interplay of these two institutions, Dr. Golan sheds enormous light on the way each of them actually functions. It's incredible that so important, fruitful and suggestive a research project could have been overlooked until Golan wrote this book.This is one of the most important books in years in both history of science and history of law. Golan also writes beautifully, so it's a pleasure to read.
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