Newcastle University

Aims

1. To enable students to acquire knowledge of:

a) the principal elements of the history and philosophy of science, and the relationship between
science, law and policy-making

b) the scientific, political, economic, social and ethical aspects of climate change

c) the legal and policy responses to climate change in general and in more closely-defined problems
with an impact on climate change

d) the role which considerations of justice play in the relationship with science, regulation and
climate change.

2. To enable students to analyse critically the interrelationship between science, law and policy, particularly in the context of complex problems such as climate change

Original Summary:
This module is concerned with the relationship between science and law, including the formation of policy which leads to regulatory action. It examines the concept of scientific method and the social function of science in the regulatory context. Climate change offers a particularly challenging problem to lawyers and policy-makers who must accommodate conflicting scientific evidence, calls for precautionary action, and a variety of social, political, economic and ethical considerations. The module will examine the problem of climate change in general, while maintaining a focus throughout on the role of justice.

Outline Of Syllabus

1. Introduction to Basic Concepts

a) Theory and Social Function of Science
• History and basic concepts of science                        
• Authority and status of science, and its critics

b) Law-making, Legal Reasoning; International Law and Institutions

c) Environmental justice as a concept and it's relevance in acience regulatory settings

2. The Regulatory Role of Science

a) Science and scientists in the legal process: standard-setting and judicial decision-making
• Standard-setting and judicial decision-making, e.g. qualitative standards in the Water
• Identification and design of new research priorities and programmes, e.g. research development
under multilateral environmental agreements
• The role which environmental justice considerations play regulatory settings
• Negotiation of technical standards, e.g. protocols to multilateral environmental agreements
such as the Climate Change Convention

b) Science and scientists in the legal process: evidence before the courts
• Questions of fact, mixed fact and law
• Limits of scientific or technical feasibility, e.g. the use of sampling techniques
• Evaluating weight and reliability
• Complex situations and judicial review


c) Science and scientists in the legal process: dealing with risk and precaution
• Risk analysis: risk assessment and risk management
• Precautionary principle and its critics                              
• Risk perception and consumer choice

d) Regulation of Emerging Technologies and Scientific Change
• Old concepts applied to new technology
• Science and non-scientific considerations
• Designing regulatory instruments for the new, the changed and the uncertain

3. Case Study: Climate Change
• Scientific aspects of climate change
• Political aspects of climate change
• Economic aspects of climate change
• Ethical aspects of climate change
• The law and its limits: international, EU and UK

Teaching Rationale And Relationship

This is an advanced knowledge module which emphasises student learning by reading and evaluating primary sources and a wide range of contemporary literature in a fast-changing area of law and policy. This is best fulfilled by seminars for which the students do substantial prior reading in which clarification and development of knowledge and analysis can be achieved.

Assessment Rationale And Relationship

The emphasis in the module is on the cumulative acquisition and understanding of a wide range of knowledge in a complex legal area. The combination of coursework and exam will give students the opportunity to demonstrate a wider range of knowledge, the ability to analyse, evaluate and synthesise the different aspects of science, climate change, regulation and justie and to apply their understanding and skills to problem solving.