Mediators and moderators of normative reductionism: Towards a testimonial approach to expertise in legal inquiry

Roy, S., 2016, In : European Journal of Risk Regulation. 7, 3, p. 532-556 25 p.

Research output: Contribution to journalArticleAcademicpeer-review

  • Suryapratim Roy

There has been an increasing interest in making legal decision-making and scholarship scientific or inter-disciplinary, without there being any interrogation of how or why this should be done. This has resulted in polarised views of the importance of science on one hand, and the primacy of democracy on the other. Such polarisation is not helpful primarily because both 'science' and 'democracy' remain unintelligible to those who do not have access to the particular epistemology that supports their usage. In this article, I seek to reconceptualise the conflict between democracy and science as the association of legal decision-makers and scholars with expert inquiry. I further conceptualise such association as a process that involves normative reductionism of testimonial exchange. Despite a claim to 'a culture of justification' in legal systems such as the European Union, the process of normative reductionism is essentially arbitrary. I seek to articulate a framework where this process may be approached in a disciplined manner, concentrating on the role of mediation and moderation of expert knowledge.

Original languageEnglish
Pages (from-to)532-556
Number of pages25
JournalEuropean Journal of Risk Regulation
Issue number3
Publication statusPublished - 2016

ID: 39082703