The Problems between Law and Science under Situations of Scientific Uncertainty

Abstract

　Recently, the time from discovery of new scientific knowledge to its adaption into our society is reduced year after year. While on the other hand, the people who are faced with these new technologies are concerned about their potential risk. This has sparked a lot of discussions in our society on how to control the potential risk of these new technologies.
　 Thus, they are often brought into the Courts and Judges are sometimes asked to call a stop to the use of these technologies.
　 However, the Courts are unable to deal with the problems of uncertain scientific situation, due to the false conception held by many lawyers in Japan that science always provides us a correct, certain and unique solution.
　 In this report, utilizing my experience as a lawyer, I will introduce the famous leading case of the Japanese Supreme Court, called “the lumbar case”, and highlight some Japanese lawyer’s false views on science. I would like to also point out that we have no standard rules for the use of scientific evidence. Then I will introduce a case where we can see confusion regarding scientific fact-finding. Finally, I emphasize the necessity for cooperation between lawyers and scientists, and the reorganization of rules dealing with scientific evidence and testimony of expert witnesses.