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[Science and law in courts]
1Facoltà di economia e giurisprudenza, Università Cattolica Sacro Cuore, Piacenza. mariachiara.tallacchini@unimi.it.
This study examines how legal decisions on air quality (PM10) selectively use scientific uncertainty to assign non-responsibility. It highlights the coproduction of science and law in environmental health cases.
Area of Science:
- Environmental Science
- Legal Studies
- Public Health
Context:
- Examines the intersection of scientific uncertainty and legal accountability in environmental and health regulations.
- Focuses on a specific Italian court case concerning PM10 air pollution and public health.
- Addresses the challenges of establishing causality in complex environmental health issues.
Purpose:
- To analyze how scientific evidence, particularly concerning uncertainty, is selectively used in legal proceedings.
- To explore the concept of coproduction in the relationship between science and law.
- To critically evaluate legal interpretations of scientific uncertainty in environmental policy enforcement.
Summary:
- The Court of Florence case involved public officers indicted for failing to control PM10 levels, violating European Directive 2008/50/EC.
- The court deemed accusations ill-founded by framing meteorological phenomena as the sole, unpredictable cause of high PM10, thus negating responsibility.
- This selective use of scientific uncertainty demonstrates how legal frameworks can shape and be shaped by scientific findings.
Impact:
- Illustrates the complex interplay between scientific knowledge and legal decision-making in environmental law.
- Highlights the potential for legal systems to interpret scientific uncertainty in ways that affect regulatory enforcement and public health.
- Provides a critical perspective on how science-based regulations are implemented and contested in practice.
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