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政府作用： 个人依赖政府来对抗科技负面影响的三大途径

Individuals rely on governmental assistance to control the side effects and

negative consequences of technology.

1. Supposed independence of government. An assumption commonly made about the

government is that their governance role is neutral or independent. However,

some argue that governing is a political process, so government will be

influenced by political winds of influence. In addition, because government

provides much of the funding for technological research and development, it has

a vested interest in certain outcomes. Others point out that the world‟s biggest

ecological disasters, such as the Aral Sea, Chernobyl, and Lake Karachay have

been caused by government projects, which are not accountable to consumers, so

governments should stay out of industry entirely.

2. Liability. One means for controlling technology is to place responsibility

for the harm with the agent causing the harm. Government can allow more or less

legal liability to fall to the

organizations or individuals responsible for damages.

3. Legislation. A source of controversy is the role of industry versus that

of government in maintaining a clean environment. While it is generally agreed

that industry needs to be held responsible when pollution harms other people,

there is disagreement over whether this should be prevented by legislation or

civil courts, and whether ecological systems as such should be protected from

harm by governments.

Recently the social shaping of technology has had new influence in the fields

of e-science and e-social science in the United Kingdom, which has made centers

focusing on the social shaping of science and technology a central part of their

funding programs.

法治的概念

The rule of law, in its most basic form, is the principle that no one is

above the law. The rule follows logically from the idea that truth, and

therefore law, is based upon fundamental principles which can be discovered, but

which cannot be created through an act of will.

Perhaps the most important application of the rule of law is the principle

that governmental authority is legitimately exercised only in accordance with

written, publicly disclosed laws adopted and enforced in accordance with

established procedural steps that are referred to as due process. The principle

is intended to be a safeguard against arbitrary governance, whether by a

totalitarian leader or by mob rule. Thus, the rule of law is hostile both to

dictatorship and to anarchy.

According to modern Anglo-American thinking, hallmarks of adherence to the

rule of law commonly include a clear separation of powers, legal certainty, the

principle of legitimate expectation and equality of all before the law.

宾厄姆勋爵观点： 法治的八大规则

Lord Bingham of Cornhill postulated eight sub-rules of the rule of law. It

should be noted that Bingham takes a strongly substantive view on the rule of

law, and that these sub-rules would be subject to fierce criticism by

journalists.

1. The law must be accessible and so far as possible intelligible, clear and

predictable.

2. Questions of legal right and liability should ordinarily be resolved by

application of the law and not the exercise of discretion.

3. The laws of the land should apply equally to all, save to the extent that

objective differences justify differentiation.

4. The law must afford adequate protection of fundamental human rights.

5. Means must be provided for resolving, without prohibitive cost or

inordinate delay, bona fide civil disputes which the parties themselves are

unable to resolve.

6. Ministers and public officers at all levels must exercise the powers

conferred on them reasonably, in good faith, for the purpose for which the

powers were conferred and without exceeding the limits of such powers.

7. Adjudicative procedures provided by the state should be fair.

8. The state must comply with its obligations in international law, the law

which, whether deriving from treaty or international custom and practice,

governs the conduct of nations.