The use of scientific arguments as a mode of justification. What place does it have in politics and law? A case study of EU GMO regulation
(2022) De Europa — p. 275-210 (2022)
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- Abstract
- The aim of this article is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, at least, their social consequences). This article will adopt an interdisciplinary theoretical framework mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union and the legal status of new breeding techniques (NBTs) will be examined. Then we will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, this article will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines
- Affiliations
College of Europe Natolin's MT
Citations
Walckiers, P. (2022). The use of scientific arguments as a mode of justification. What place does it have in politics and law? A case study of EU GMO regulation. De Europa, 275-210. https://hdl.handle.net/2078.5/101446 (Original work published 2022)