Science, Technology, and the Limits of Judicial Competence

Abstract

Resolution of technological controversies occupies an increasingly important position in the judicial arena. It is widely believed that traditional processes of adjudication are no longer capable of handling many of the disputes engendered by a complex technological society. This article examines recent litigation based on disputes over science and technology, the burdens on the adjudicatory process, and some proposed reforms. It is argued that such proposals frequently misconceive the problems faced by the courts because they concentrate on the question of technical uncertainty rather than the conceptual and policy issues at stake.

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