Emilie Cloatre - Knowledge, Technology and Law

The relationships between knowledge, technologies, and legal processes are central to the constitution of contemporary societies. As such, they have come to provide the focus for a range of academic projects, across interdisciplinary legal studies and the social sciences. The domains of medical law and ethics, intellectual property law, environmental law and criminal law are just some of those within which the pervasive place and impact of technoscience is immediately apparent. At the same time, social scientists investigating the making of technology and expertise in particular, scholars working within the tradition of science and technology studies frequently interrogate how regulation and legal processes, and the making of knowledge and technologies, are intermingled in complex ways that come to shape and define each other. This book charts the important interface between studies of law, science and society, as explored from the perspectives of socio-legal studies and the increasingly influential field of science and technology studies. It brings together scholars from both areas to interrogate the joint roles of law and science in the construction and stabilization of socio-technical networks, objects, and standards, as well as their place in the production of contemporary social realities and subjectivities.

Emilie Cloatre is a Senior Lecturer in Kent Law School at the University of Kent.

Martyn Pickersgill is Wellcome Trust Senior Research Fellow in Biomedical Ethics in the Centre for Population Health Sciences at the University of Edinburgh.

Law, Science and Society series

General editors

Laws role has often been understood as one of implementing political decisions concerning the relationship between science and society. Increasingly, however, as our understanding of the complex dynamic between law, science and society deepens, this instrumental characterisation is seen to be inadequate, but as yet we have only a limited conception of what might take its place. If progress is to be made in our legal and scientific understanding of the problems society faces, then there needs to be space for innovative and radical thinking about law and science. Law, Science and Society is intended to provide that space.

The overarching aim of the series is to support the publication of new and groundbreaking empirical or theoretical contributions that will advance understanding between the disciplines of law, and the social, pure and applied sciences. General topics relevant to the series include studies of:

law and the international trade in science and technology;

risk and the regulation of science and technology;

law, science and the environment;

the reception of scientific discourses by law and the legal process;

law, chaos and complexity;

law and the brain.

Titles in this series:

Absent Environments

Theorising environmental law and the city

Andreas Philippopoulos-Mihalopoulos

Uncertain Risks Regulated

Edited by Ellen Vos and Michelle Everson

The Regulation of Animal Health and Welfare

Science, law and policy

John McEldowney, Wyn Grant, and Graham Medley

Knowledge, Technology and Law

Edited by Emilie Cloatre and Martyn Pickersgill

Knowledge, Technology and Law

Edited by

Emilie Cloatre and Martyn Pickersgill

First published 2015
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

and by Routledge
711 Third Avenue, New York, NY 10017

a GlassHouse Book

Routledge is an imprint of the Taylor & Francis Group, an informa business

2015 Emilie Cloatre and Martyn Pickersgill

The right of Emilie Cloatre and Martyn Pickersgill to be identified as author of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data
Knowledge, technology, and law / edited by Emilie Cloatre, Martyn
Pickersgill.
pages cm. (Law, science, and society)
Includes bibliographical references and index.
ISBN 978-0-415-62862-4 (hardback) ISBN 978-0-203-79760-0 (ebk)
I.Technology and law. 2. Science and law. I. Cloatre, Emilie, editor of
compilation. II. Pickersgill, Martyn, editor of compilation.
K487.T4K59 2014
340.11dc23
2014013342

ISBN: 978-0-415-62862-4 (hbk)
ISBN: 978-0-203-79760-0 (ebk)

Typeset in Galliard
by FiSH Books Ltd, Enfield

EMILIE CLOATRE AND MARTYN PICKERSGILL

SECTION 1
Law, expertise and public participation

SUJATHA RAMAN

MARK L. FLEAR AND THOMAS PFISTER

ILKE TURKMENDAG

SECTION 2
Objects and epistemologies in criminal law

BARBARA PRAINSACK

GETHIN REES

ANDREW BALMER

SECTION 3
Regulation, ethics and values

GRAEME LAURIE AND SHAWN H. E. HARMON

MARIE-ANDRE JACOB

DONATELLA ALESSANDRINI

SECTION 4
Law, technoscience and the stabilization of knowledge

DAVID E. WINICKOFF

NICHOLAS SHAPIRO

EMILY GRABHAM

ALAIN POTTAGE

Donatella Alessandrini is Reader in Law in Kent Law School at the University of Kent.

Andrew Balmer is Simon Research Fellow in Sociology at the University of Manchester.

Emilie Cloatre is a Senior Lecturer in Kent Law School at the University of Kent.

Mark L. Flear is a Lecturer in the School of Law at Queens University Belfast.

Emily Grabham is a Reader in Law in Kent Law School at the University of Kent.

Shawn H.E. Harmon is Lecturer in Regulation and Risk in the School of Law at the University of Edinburgh.

Marie-Andre Jacob is a Senior Lecturer in the School of Law at Keele University.

Graeme Laurie is Professor of Medical Jurisprudence in the School of Law at the University of Edinburgh.

Thomas Pfister is Director of the Energy Cultures Research Group in the Department of Social Science at Zeppelin University.

Martyn Pickersgill is Wellcome Trust Senior Research Fellow in Biomedical Ethics in the Centre for Population Health Sciences at the University of Edinburgh.

Alain Pottage is Professor of Law in the Law Department at the London School of Economics and Political Science.

Barbara Prainsack is Professor of Sociology at the Department of Social Science, Health and Medicine at Kings College London.

Sujatha Raman is Deputy Director of the Leverhulme Trust Making Science Public Research Programme in the Institute for Science and Society (ISS) at the University of Nottingham.

Gethin Rees is Lecturer in Criminology in the Department of Sociology, Social Policy and Criminology at the University of Southampton.