quote · Legacy record

The principal differences between law and science are as follows:1. In the administration of the law, facts are necessary to enable the umpire (jury, judge) to decide whether rules have been broken and, if so, the type of penalty to apply. In science, facts are necessary to form new or better theories and to develop novel applications (for example, drugs, machines). Novelty is not a positive value in law. Instead, the lawyer looks for precedent. For the scientist, however, novelty is a value; new facts and theories are sought, whether or not they will prove useful. 2. If we endeavor to change objects or persons, the distinction between law (both as law making and law enforcing) and applied science disappears. In applying scientific knowledge, one seeks to change objects, or persons, into new forms. The scientific technologist may thus wish to shape a plastic material into the form of a chair, or a delinquent youth into a law-abiding adult. The aims of the legislator and the judge are often the same. Thus, legislators may wish to change people from drinkers into nondrinkers; or judges many want to change fathers who fail to support their dependent wives and children into fathers who do. This [is a] "therapeutic" function of law.

The principal differences between law and science are as follows:1. In the administration of the law, facts are necessary to enable the umpire (jury, judge) to decide whether rules have been broken and, if so, the type of penalty to apply. In science, facts are necessary to form new or better theories and to develop novel applications (for example, drugs, machines). Novelty is not a positive value in law. Instead, the lawyer looks for precedent. For the scientist, however, novelty is a value; new facts and theories are sought, whether or not they will prove useful. 2. If we endeavor to change objects or persons, the distinction between law (both as law making and law enforcing) and applied science disappears. In applying scientific knowledge, one seeks to change objects, or persons, into new forms. The scientific technologist may thus wish to shape a plastic material into the form of a chair, or a delinquent youth into a law-abiding adult. The aims of the legislator and the judge are often the same. Thus, legislators may wish to change people from drinkers into nondrinkers; or judges many want to change fathers who fail to support their dependent wives and children into fathers who do. This [is a] "therapeutic" function of law.

Approximate author period: c. 1966 AD · modern