Casos Controversiales: Un estudio de la relación entre Ciencia y Derecho en el Proceso Judicial
There has been an increase in the use of scientific evidence and expert participation in several court cases, by multiple articulations between the practices and imaginaries from legal and techno-scientific systems. In these cases, a group of “controversial cases” can be distinguished, which problem...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6231090 |
| Source: | Revista Estudios Socio-Jurídicos, ISSN 0124-0579, Vol. 20, Nº. 1, 2018, pags. 45-74 |
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| Summary: |
There has been an increase in the use of scientific evidence and expert participation in several court cases, by multiple articulations between the practices and imaginaries from legal and techno-scientific systems. In these cases, a group of “controversial cases” can be distinguished, which problematize the authority of judges and experts, and renegotiate the meanings of traditional concepts such as “judicial neutrality” and “expert impartiality and independence”. In order to contribute characterizing controversial cases, in this paper it is proposed an analysis matrix designed with concepts from Science and Technology Studies (STS) and legal studies. This matrix is built from three dimensions: formal/ structural, material/ functional and institutional/ decisional. These dimensions offer a perspective that allows characterize controversial cases and difference them from other types of complex cases. As example, it is included some environmental cases selected from Argentinian courts. |
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