SCIENCE AND TECHNOLOGY: THEIR RELATIONSHIP WITH LAW
The intellectual thinking of man, since time immemorial, has resulted in the development of science and technology. The principles of science and technology have developed in response to differing objects of interest. Science and technology have had a great impact on the way we live. Law has tried to regulate the use and abuse of science and the extent of its application. The major question however is whether we are well equipped with the laws to regulate the use of such technologies. The subject Law, Science and Technology is of great relevance today when Courts have become ”activists” and there has been a tremendous advance in science and technology.
The need for sharpening the evidentiary techniques employed in Courts with the help of science and technology cannot be denied. At the same time, one has to be conscious of the limitations. The limitations of both science and the law and the need for both to join hands to strengthen the court-systems by legally admissible scientific evidence must be considered.
The word “Science” comes from the Latin word scientia, meaning “knowledge” or “knowing”. According to Webster’s New Collegiate Dictionary, the definition of science is “knowledge attained through study or practice,” or “knowledge covering general truths of the operation of general laws, esp. as obtained and tested through scientific method [and] concerned with the physical world. ” In other words, science refers to a system of acquiring knowledge. This system uses observation and experimentation to describe and explain natural phenomena. The term science also refers to the organized body of knowledge that people have gained using that system. Less formally, the word science often describes any systematic field of study or the knowledge gained from it. Perhaps the most general description is that the purpose of science is to produce useful models of reality.
Most scientific investigations use some form of the scientific method. Science as defined above is sometimes called pure science to differentiate it from applied science, which is the application of research to human needs. Fields of science are commonly classified along two major lines: -Natural sciences, the study of the natural world, and -Social sciences, the systematic study of human behavior and society. v TECHNOLOGY The word “technology” comes from the Greek word technologia, which means the systematic treatment of an art, form or skill or a manner of accomplishing a task especially using technical processes, methods or knowledge. In other words, the term technology refers to the application of science, especially to commercial or industrial objects. v LAW A rule of conduct established and enforced by the authority, legislation, or custom of a given community, State, or nation. In essence, law is the tangible and intangible context that links individuals to the community.
In addition, it defines responsibilities of individuals to society as much as it defines and protects individual rights. In short, it is a pillar of good governance. INTER-RELATIONSHIP OF SCIENCE AND LAW Today”s high technology society forces the two professions (law and science) to interact in a wide array of cases. Legal disputes involving patents, product liability, environmental torts, regulatory proceedings and criminal cases are some fields of such interaction. Further, law and science encounter each other in the laboratory through a number of actions governing intellectual property, research misconduct, etc. The fact-finding agendas of the two disciplines have frequently begun to overlap, if not merge. Bridging the gap between the two cultures is a challenge that this conference seeks to address. Science and technology seek knowledge through an open-ended search for expanded understanding, whose truths are subject to revision. Law, too, conducts an open-ended search for expanded understanding; however, it demands definite findings of fact at given points in time. The meeting of these two disciplines in the courtroom magnifies the differences between the two cultures. Even the search of truth does not serve the same aims and may not be subject to the same constraints and requirements.
In some civil cases where handwriting, forgery, or paternity issues are involved there is extensive use of scientific tech. The Australians discovered the technique of “Hot Tubbing” to improve expert evidence. In this procedure, also called concurrent evidence, parties still choose experts, but they testify together at trial-discussing the case, asking each other questions, responding to inquiries from the judge and the lawyers, finding common ground and sharpening the open issues.
Science is a compelling and commanding weapon in the armoury of administration of justice. Forensic Science is a science pertaining to law. In particular, it works as the branch, which is used mainly in criminal investigation and findings of which can lead to arrests and convictions. Undoubtedly, scientific investigations generate evidence in favour of the victims and against the accused. Forensic Science helps in providing the identity of the culprit or the accused who willingly or unwillingly, in most of the cases, leaves the mark of his crime, thereby making the job of the investigator much easier in proving the culpability with the aid of Forensic Science.
The magnetism of science has always captivated members of the legal profession. People look up to science to rescue them from the experience of uncertainty and the discomfort of difficult legal decisions, and are constantly disappointed. The notion of what constitutes science and what it would take to make law more scientific varies across time. What does not vary is our constant return to the well. We are constantly seduced into believing that some new science will provide an answer to laws dilemmas, and we are constantly disappointed.