When the law meets science: The supposed prospective nature of the law when dealing with scientific and technological developments

• Main Authors: Cruz, Jowi Tsidkenu P., Cruz, Jocelyn P.
• Format: text
• Published: Animo Repository 2018
• Subjects: Science and law—Philippines; Technological innovations—Law and legislation—Philippines; Science and state—Philippines
• Online Access: https://animorepository.dlsu.edu.ph/faculty_research/11191
• Institution: De La Salle University

Science and technology has been exponentially evolving. With this, there is a consequent need for the Law to adapt in response to the sound logic developed through evidence based methods. Unfortunately, the improvements in the field of science and technology have been in startling leaps which the law evidently could not readily adapt to. While the generation of knowledge in science takes a lot of time, dedication, hard work as well as the diverse interest and global scale scientific feats and movements of the previous and current generations, the same have significantly altered the way we perceive the world. With this, the emergence of new avenues and platforms have become available for human interaction which unfortunately, is almost always not regulated by current legal standards. Hence, in many jurisdiction including the Philippines, the law becomes ambiguous and disabling. On the other hand, there is a perceived advantage with harmonizing the law closely to the scientific community. This paper examines several models of relationship in science and technology to compare and contrast and decide which suits the current times. The paper is poised to suggest that a Singularity Model is the most appropriate relation between law and science. A close mutuality between law and science would be enabling to both fields. Science can help the law to see farther than what is already tangible in the real world and is something which shall be taken advantage of by legislators. In fact, this paper suggests that awareness on the new breakthroughs in science in technology shall be mandatory for law makers. This paper proposes a new approach to law making through the inevitable scientific collaboration that will allow for a prospective creation of law. It also dwells on improving the statutory construction of new laws for them to have futuristic legal coverage as guided by forward thinking of the scientific community. The paper also identified the need to harmonize the law with the current scientific breakthroughs, and recognized the slow law-making process that shall be mended by assuring that legislated policies are prospective and flexible for conceptualized avenues. The paper also suggests that if new laws would be difficult to develop, there is a need to constantly update how existing law can be applicable in the recent practice in light of new scientific and technological development. The academic community as well is enjoined in promoting the involvement of scientists in policy making—giving support and adequate credence to those who endeavor in the said field.