PsyOrg.com has published an interesting article on lawyer’s attempt to provide a methodology for dealing with ’super science’, that is, scientific experiments that could threaten humanity at large or at least significant sections thereof. I haven’t read through the paper it references, but the quote at the end is quite striking:
Courts must develop tools to deal meaningfully with such complexity. Otherwise, the wildly expanding sphere of human knowledge will overwhelm the institution of the courts and undo the rule of law – just when we need it most” Eric E. Johnson
Science and Law don’t always work well together just like technology and law. The people with the training and experience to understand the issues being questioned aren’t necessarily in an ethical position to appropriately rule on them.
Classically, science has been a relatively solitary profession or at least a contained one. This is still true for 99% of every experiment done, but our knowledge base has grown to a level that some genuinely frightening and dangerous discoveries could take place. How many thousands of movies have looked at that exact issue?
In a perfect future, these dangerous experiments can be secluded and quarentined, probably in space, thus minimizing the dangerous and capacity for liability present. Until then, however, Earth laws will hold sway over Earth science.
The article outlines many of the dangerous of science overstepping its bounds, such as miscalculations, professional and financial incentives to minimize security risks, etc. On the hand, reading this article I see an equally worrisome development. When science is subservient to law, science is forced to make a case for itself and this isn’t a fair fight. On any given day how much of the public will support research for research’s sake, the pursuit of knowledge for the sake of knowledge alone? Not enough to pass a vote. Even worse, the public at large has the scientific sensibilities of a sleeping gerbil. No one is worse prepared to understand and evaluate the truth, validity, or function of science more than the general public. How then, do we find the specialists and knowledge few who could make an informed decision either way? There’s no easy answer to that question.
I am a pessimist. I am a pessimist because I think the public is complacent and cowardly. If anyone can argue that there is any risk whatsoever than the public will be sufficiently alarmed to pass an injunction. Science will lose that battle every time, whether justified or not, simply out of fear and ignorence. My fear is that the future of humanity and human understanding will someday rest on the precarious scientific jurisprudence of a man with a high school chemistry class under his belt.
As much as I can empathize with the legal conundrum of allowing expert testimony from the very parties involved in an experiment, I think that’s unavoidable. The usual standards of the adversarial system have to be reappraised to prevent research becoming as bureaucratically slow as our laws. Even worse, a public indisposed to science cannot harrass and subdue research with an irrational fear of progress. There aren’t always two sides and the presumption of truth needs to fall to science.
That said, the law has its say and preventative injunctions must be considered even when illegal conduct isn’t necessarily about to take place. I would just want to see the bar placed high and the court strict against fearmongers, junk scientists, and superstition.
