The front pages of our newspapers and the lead stories on the
evening news bear witness to the divorce of law from justice. The
rich and famous get away with murder; Fortune 500 corporations
operate sweatshops with impunity; blue-chip energy companies that
spoil the environment and sicken communities face mere fines that
don't dent profits. In "The Gift of Science," a bold, revisionist
account of 300 years of jurisprudence, Roger Berkowitz looks beyond
these headlines to explore the historical and philosophical roots
of our current legal and ethical crisis.
Moving from the scientific revolution to the nineteenth-century
rise of legal codes, Berkowitz tells the story of how lawyers and
philosophers invented legal science to preserve law's claim to
moral authority. The "gift" of science, however, proved
bittersweet. Instead of strengthening the bond between law and
justice, the subordination of law to science transformed law from
an ethical order into a tool for social and economic ends. Drawing
on major figures from the traditions of law, philosophy, and
history, "The Gift of Science" is not only a mesmerizing and
original intellectual history of law; it shows how modern law
remains imprisoned by a failed scientific metaphysics.
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