ABSTRACT

It is a commonplace that our society is becoming increasingly technological and scientific, and that it is becoming increasingly litigious. Many of the most noted science-related cases have come out of review of federal regulations. Constitutional issues are different, precisely because they are not susceptible to resolution by the clean cut of the legislative sword. The chapter concludes by noting that obtaining the proper relationship between courts and scientific issues is not primarily one of the technicalities of science advice. It demonstrates that there are many ways for judges to get advice, but there is always the primary question of the attitude and philosophy of the decision maker. Just as there have always been plenty of sources of advice on morality, philosophy, economics and social thought, merely extensive exposure to even the best scientific thinking will not inevitably lead to an indisputably correct result.