W. G. Hart Legal Workshop: 2016

Valuing Expertise: Legal, Normative and Social Dimensions

The 2016 Workshop was held at the Institute from Tuesday 20 September 2016 to Wednesday 21 September 2016.

From expert evidence in the courtroom, to the use of scientific knowledge in the justification for, and framing of, legislation, law and science are inextricably intertwined. Yet the extent to which science is well represented in law has long been doubted by virtue of a ‘clash of cultures’ (Jasanoff 1992). The issue has become more pressing in recent years due to the growth of scientific and technological innovation, which draws into the adjudicative, legislative and policy realms areas of great scientific complexity for which legal expertise, in and of itself, proves insufficient (Vick 2004; Schrama 2011). Such work also highlights the significant barriers and obstacles for regulators understanding other disciplines and the problems that can result. The same dangers confront non-legal disciplinary experts that are drawn into, or whose work is ‘dropped’ in, the legal and political realms. This workshop brought together a range of scholars, policy actors and others, whose diverse and innovative work addresses the complex meeting point of law and science, regulation and politics, evidence and epistemology. Workshop sessions included:

  • Valuing Expertise: Legal, Normative and Social Dimensions
  • Clashing or Constitutive Worlds? The Relationship Between Science, Technology and Law
  • Measuring Expertise
  • Law, Risk and Expertise
  • Identifying Expertise: Voices That Matter
  • Law, Expertise and Behavioural Theory
  • EU Policy-Making and Expertise
  • Courting Expertise
  • Uses of Expertise: Empirical Investigations

Academic Directors:

  • Professor Nicolette Priaulx (Cardiff University)
  • Professor Matthew Weait (University of Portsmouth)
  • Professor Richard Ashcroft (Queen Mary University of London)
Keynote speakers:
Professor Harry Collins, Cardiff University
Studies of Expertise and Experience
Professor Roger Cotterrell, Queen Mary University of London
What is Juristic Expertise?
Professor Rob Evans, Cardiff University
The Imitation Game and Professional Expertise
Professor Barbara Prainsack, King’s College London
Expertise in “citizen science”. What have we gained? And what have we lost?
Workshop Panel Speakers:
Professor Geoffrey Samuel, University of Kent
What is Legal Knowledge?
Ms Diana Richards, IALS and UCL
Judging Expertise, How Judicial Attitudes Change at Different Levels of Expertise
Dr Sylvie Delacroix, UCL
Professional Habituation and Ethical Expertise
Dr Emilia Korkea-aho, Helsinki University
Lawyer Lobbyists: The (Ab) Uses of Legal Expertise?
Dr Emilie Cloatre, Kent Law School
‘Law, knowledges and the making of ‘modern healthcare’: regulating traditional and alternative medicines in contemporary contexts’.
Mr Jaakko Taipale, Helsinki University
Judges of Law and jurisdictional demarcation
Dr Oriola Sallavaci, Anglia Ruskin University
Scientific Evidence in Criminal Trials: Easing Tensions and Enhancing its Reception
Tiina Paloniity, Helsinki University
Regulating Adaptive Management – The Quest of Socio-Eco-Legal Solution.
Dr Sarah Wilson, University of York
Expert Knowledge, governance and recognising the challenges for expertise in adjudicating beyond the realms of ‘the laws of the natural sciences’: Perspectives on lawyers and ‘outside’ expertise, past, present and future.
Dr Emily Reid and Professor James Davey, University of Southampton
Law and the Limits of Risk Assessment
Dr Vesco Paskalev, University of Hull
The Technocratic Fallacy: How many ways to make the same error?
Karen M Richmond, University of Strathclyde
The restructuring of forensic expertise under public commercial and private sector models of governance.
Dr Ruth Fletcher, Queen Mary University of London
Strange Expertise on the Abortion Trail
Dr Gethin Rees, University of Newcastle and Dr Sinéad Ring University of Kent
The Coproduction and destabilisation of Rape Trauma Syndrome.
Dr Mark Flear, Queen’s University Belfast
Revaluing ‘Lay’ Expertise in Risk-based Regulation: The Case of EU Law and Public Health Regulation.
Professor Muireann Quigley, University of Newcastle
Lost in Translation? Behavioural Science in (Health) Law & Policy
Dr Luca Di Donato Luiss Guido Carli University
Corruption, Tax Evasion and Principal-Agent Theory
Dr Esther van Schagen, University of Oxford
Scientific EU law-making? The role of behavioural insights and RIAs in EU consumer law
Professor Stijn Smismans, Cardiff University
‘Expertise and Policy-making in Europe’
Dr Constantina Sampani, University of Aberystwyth
Engaging with expertise in legal cultural diversity for shaping they role of the European Public Prosecutor: its impact on the prospects for efficient penal moderation
Professor Päivi Leino-Sandberg, UEF and EUI
The Politics of ‘objective legal expertise’ in the EU Legislative process
Professor Estella Baker, De Montfort University and Professor Christopher Harding (Aberystwyth),
Gaining and Using Expertise in Relation to EU Criminal Law and Crime Policy: What Kind, For Whom and How?
Professor Jonathan Montgomery, UCL
In Defence of Bolam
Ms Natalie Ohana, UCL, PhD Candidate
Non-legal disciplinary expertise in domestic violence legal proceedings
Ms Ann Potter, University of Bristol
Judging Social work expertise in Care Proceedings
Professor Keith Syrett, University of Cardiff
Rationing and Constructions of Rationality: Judicial Encounters with Health Technology Assessment
Dr Jamie Walvisch, Monash University,
The Role of Mental Health Experts in Sentencing.
Dr John R Campbell, School of Oriental & African Studies
‘Safe to Return’ An Analysis of Home Office Policy on Eritrea
Dr Miriam Goldby, Queen Mary, University of London
The Resolution of Shipping Disputes: A Product of Applied Expertise?
Professor Katerina Fountedaki and Mr Athanasios Panagiotou, University of Thessaloniki
The interaction between Greek civil law and medical science in medical liability cases
Professor David Nelken, University of Macerata
Reflecting on the Relationship between Law and Expertise
Page last updated: 7th February 2018