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improved communication, and a mutual appreciation of both context and milieu. Solutions have
therefore tended to be practical, and pragmatic, rather than theoretical, and epistemological.
Thus the ‘contest and communication’ narrative is generally associated with the view that the
forensic, and legal, fields operate from within discrete ‘silos’, and that the degree to which
professionals become ‘silo-ed’ is exacerbated in an adversarial context.1 Such views - routinely
expressed in the forensic-scientific field - are echoed by members of the judiciary, and the legal
profession. Lord Thomas, the Lord Chief Justice of England and Wales, perceives just such a
communication problem, and likens it to the challenge facing comparative lawyers, whom he
commends for their success in unearthing common legal concepts.
‘It is now accepted that the work of comparative lawyers, whose discipline was based on finding
differences, and the globalization of many legal concepts, particularly the rule of law as applicable
to all governmental action and the right to a fair and open trial, have brought about a considerable
narrowing of the differences.’ 2
It may be argued, in counterpoint, that the desire to mobilise commonly held concepts is based
on an idealised conception of the underlying similarities between two heterogeneous disciplines,
whose normative bases may be dissimilar, if not completely divergent. Indeed, data from an
empirical study into the marketisation of forensic science in England and Wales3 provides only
partial support for the contest and communication narrative, as advanced by Lawless, Kelty, and
members of the Judiciary.4
The data (discussed below) reveals that scientific informants speak predominantly of processes
of intra-disciplinary fragmentation and stratification, and external control, which do not
necessarily equate to autonomy and isolation, or lend support to the assertion that enhanced
communication would lead to greater interdisciplinary understanding. Further, the process of
‘siloing’ has both a descriptive, and a normatively prescriptive, dimension. Therefore, even if it
does accurately describe the co-production of forensic-scientific knowledge claims, the degree
of divergence may be so deep as to thwart mutual understanding and enhanced
interdisciplinarity. Further, the presence of acute power assymetries and the instrumental uses of
forensic science. – as evidenced by the research data – may render any such attempts
impossible.
1 See Kelty, SF; Julian, R; and Ross, A. Dismantling the Justice Silos: avoiding the pitfalls and reaping the
benefits of information-sharing between forensic science, medicine and law. Forensic Science International ; Jul
10;230(1-3): pp.8-15.
2 Thomas, LCJ. 2015 The legal framework for more robust forensic science evidence. Philosophical
Transactions of the Royal Society B 370: 20140258 at page 1.
3 Richmond, K (2018) Marketised Forensic DNA Profiling in England and Wales Doctoral Thesis (Law),
University of Strathclyde
4 Lawless, C. (2010). A Curious Reconstruction? The Shaping of ‘Marketized’ Forensic Science. CARR
Discussion Paper 63; Lawless, C. Policing Markets; the Contested Shaping of Neo-Liberal Forensic Science.
British Journal of Criminology (2011) 51, 671-689; Kelty, SF; Julian, R; and Ross, A. Dismantling the Justice Silos:
avoiding the pitfalls and reaping the benefits of information-sharing between forensic science, medicine and law.
Forensic Science International ; Jul 10;230(1-3): pp.8-15; Thomas, LCJ. 2015 The legal framework for more robust
forensic science evidence. Philosophical Transactions of the Royal Society B 370: 20140258 at page 1.
167
Critical Issues in Science, Technology and Society Studies
Conference Proceedings of the 17th STS Conference Graz 2018
- Title
- Critical Issues in Science, Technology and Society Studies
- Subtitle
- Conference Proceedings of the 17th STS Conference Graz 2018
- Editor
- Technische Universität Graz
- Publisher
- Verlag der Technischen Universität Graz
- Location
- Graz
- Date
- 2018
- Language
- English
- License
- CC BY-NC-ND 4.0
- ISBN
- 978-3-85125-625-3
- Size
- 21.6 x 27.9 cm
- Pages
- 214
- Keywords
- Kritik, TU, Graz, TU Graz, Technologie, Wissenschaft
- Categories
- International
- Tagungsbände
- Technik