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Scientific models in legal judgements : The relationship between law and environmental science as problem-feeding

Thorén, Henrik LU ; Soininen, Niko and Kotamäki, Niina (2021) In Environmental Science and Policy 124. p.478-484
Abstract
Legal decision-making often relies on scientific knowledge and information of other kinds, not least in environmental law where legal institutions use environmental modeling to, for example, project expected effects of projects when approving or denying permits. In this paper, using the problem-feeding model of interdisciplinarity, we analyze this relationship as an exchange of problems and solutions between different communities of expertise. Drawing on recent examples from Finland, we use the problem-feeding model to explore the conditions under which problem-solution coordination breaks down. We argue that tensions between the notions of uncertainty used by the different communities of expertise can lead to differing understandings of... (More)
Legal decision-making often relies on scientific knowledge and information of other kinds, not least in environmental law where legal institutions use environmental modeling to, for example, project expected effects of projects when approving or denying permits. In this paper, using the problem-feeding model of interdisciplinarity, we analyze this relationship as an exchange of problems and solutions between different communities of expertise. Drawing on recent examples from Finland, we use the problem-feeding model to explore the conditions under which problem-solution coordination breaks down. We argue that tensions between the notions of uncertainty used by the different communities of expertise can lead to differing understandings of the way the relationship between legal institutions and scientific experts works, and that this may disrupt the orderly exchange of problems and solutions. We illustrate our views in a fictional discussion between a lawyer and a modeler. (Less)
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author
; and
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Science-for-policy, Environmental law, Problem-feeding, Interdisciplinarity, Inductive risk
in
Environmental Science and Policy
volume
124
pages
6 pages
publisher
Elsevier
external identifiers
  • scopus:85111592285
ISSN
1462-9011
DOI
10.1016/j.envsci.2021.07.018
project
Risk, values, and decision-making in the economics of climate change: Towards a deliberative science-policy approach to the integration of diverse values in model-based climate economics
language
English
LU publication?
yes
id
fb0fd3fa-dc90-4c1b-9ca3-fccda5ee4920
date added to LUP
2021-08-12 11:23:37
date last changed
2022-04-27 03:04:02
@article{fb0fd3fa-dc90-4c1b-9ca3-fccda5ee4920,
  abstract     = {{Legal decision-making often relies on scientific knowledge and information of other kinds, not least in environmental law where legal institutions use environmental modeling to, for example, project expected effects of projects when approving or denying permits. In this paper, using the problem-feeding model of interdisciplinarity, we analyze this relationship as an exchange of problems and solutions between different communities of expertise. Drawing on recent examples from Finland, we use the problem-feeding model to explore the conditions under which problem-solution coordination breaks down. We argue that tensions between the notions of uncertainty used by the different communities of expertise can lead to differing understandings of the way the relationship between legal institutions and scientific experts works, and that this may disrupt the orderly exchange of problems and solutions. We illustrate our views in a fictional discussion between a lawyer and a modeler.}},
  author       = {{Thorén, Henrik and Soininen, Niko and Kotamäki, Niina}},
  issn         = {{1462-9011}},
  keywords     = {{Science-for-policy; Environmental law; Problem-feeding; Interdisciplinarity; Inductive risk}},
  language     = {{eng}},
  pages        = {{478--484}},
  publisher    = {{Elsevier}},
  series       = {{Environmental Science and Policy}},
  title        = {{Scientific models in legal judgements : The relationship between law and environmental science as problem-feeding}},
  url          = {{http://dx.doi.org/10.1016/j.envsci.2021.07.018}},
  doi          = {{10.1016/j.envsci.2021.07.018}},
  volume       = {{124}},
  year         = {{2021}},
}