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Law, Science, and Innovation: Introduction to the Symposium
Published online by Cambridge University Press: 01 January 2021
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- Copyright © American Society of Law, Medicine and Ethics 2010
References
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Law is part of a society's innovation policy – the complex of education, business incentives, legal, subsidy and other factors that help produce new ideas and guide them to become products and services.Google Scholar
It is a form of methodological naturalism. See Kitzmiller v. Dover Area School District, 400 F. Supp. 707, 735–46 (M.D. Penn. 2005).Google Scholar
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Society is the ultimate authority, even if in the end it delegates wide discretion to scientists to control most scientific matters. The same is true of medicine. How it is practiced is ultimately up to society. See Gonzalez v. Carhart, 127 S.Ct. 1610 (2007).Google Scholar
Wulf, William, past president of the National Academy of Engineering, has discussed these issues in terms of the “ecology of innovation.” That term includes “interrelated institutions, laws, regulations, and policies providing an innovation infrastructure that entails education, research, tax policy, and intellectual property protection, among others.” He argues that laws made for a different era need to be revised to fit a rapidly changing world to keep that ecology vibrant, citing the patent system, antitrust law, copyright, the drug approval process, and manufacturing systems. Wulf, W. A., Editorial, “Changes in Innovation Ecology,” Science 316, no. 5829 (2007): 1253. See also Farrell, D. and Kalil, T., “United States: A Strategy for Innovation,” Issues in Science and Technology XXVI, no. 3 (2010): 41–50; Chuan Poh, L., “Singapore: Betting on Biomedical Sciences,” Issues in Science and Technology XXVI, no. 3 (2010): 69–74.CrossRefGoogle Scholar
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As noted, the policy frameworks and structures that are in play in resolving ESC conflicts are likely to reappear in other scientific controversies, such as those looming on the horizon with synthetic biology, genetic engineering, regenerative medicine, neuroscience, and nanotechnology. Each area raises distinctive problems. The value conflicts may not arise from the morality of means used, as is the case with embryos and other beginning of life issues, but with the personal or social effects of resulting knowledge, such as moral conceptions of parenting (genetic engineering) and responsibility (neuroscience). On synthetic biology generally, see Tucker, J. B. and Zilinskas, R. A., “The Promise and Perils of Synthetc Biology,” The New Atlantis 12, no. 12 (2006): 25–45; on nanotechnology, Wellcome Trust, Big Picture on Nanoscience 2 (2005) available at <http://www.wellcome.ac.uk/stellent/groups/corporatesite/@msh_publishing_group/documents/web_document/wtd015798.pdf> and the Symposium, “Nanotechnology: Ethical, Legal, and Social Issues,” in Journal of Law, Medicine and Ethics 34, no. 4 (2006): 655–747.Google Scholar
The symposium was held in Austin, Texas in May, 2009 with the generous support of the University of Texas Law School's George M. Fleming Center for Law and Innovation in Biomedicine and Heathcare.Google Scholar
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