Regulating Toxic Substances: A Philosophy of Science and the LawOxford University Press, 1993 - 252 lappuses The proliferation of chemical substances in commerce poses significant scientific and philosophical problems. The scientific challenge is to develop data, methodologies and techniques for identifying and assessing toxic substances before they cause harm to human beings or the environment. The philosophical problem is to determine how much scientific information we should demand for this task consistent with the pursuit of other social goals. In this book, Carl Cranor utilizes material from ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment to argue that the evidentiary standards for science used in the law to control toxics ought to be evaluated with the purposes of the law in mind. Demanding too much for this purpose will slow the evaluation and lead to an excess of toxic substances left unidentified and unassessed, thus leaving the public at risk. Demanding too little may impose other costs. Analyzing this tension philosophically, Cranor argues for an appropriate balance between these social concerns. Although the use of somewhat less stringent evidentiary standards for expert testimony in tort law cases and the use of expedited procedures in the regulatory field might in some cases lead to mistakes of overcompensation or overregulation, the overall social costs would be less than the alternatives. Justice requires that we tolerate the chance of such errors and that we resist the temptation to demand the most science intensive evaluation of each substance in order to protect individuals better from mistakes of undercompensation and underregulation. The role of science in the control of toxic substances is an important public philosophical issue, yetuntil now has received little discussion by philosophers. Regulating Toxic Substances addresses this subject in a way that speaks both to a well-informed public and to experts in several disciplines, including philosophy, risk assessment, environmental and tort law, environmental studies, and public health policy. |
Saturs
Assessing Toxic Substances Through a Glass Darkly | 3 |
The Scientific Background | 12 |
Scientific Evidence in the Tort Law | 49 |
Joint Causation Torts and Administrative | 83 |
Administrative Law | 91 |
Conclusion | 102 |
Approaches to Risk Assessment in Regulatory Agencies | 109 |
Shortcomings of Present and Recommended Practices | 129 |
Making Public Policy on Expedited Risk Assessments Through | 147 |
Epistemic and Moral Justification | 152 |
Notes | 179 |
Appendix A Uncertainties in Carcinogen Risk Assessments | 221 |
Statutes Authorizing Regulation of Carcinogens | 229 |
243 | |
Citi izdevumi - Skatīt visu
Regulating Toxic Substances: A Philosophy of Science and the Law Carl F. Cranor Ierobežota priekšskatīšana - 1993 |
Regulating Toxic Substances: A Philosophy of Science and the Law Carl F. Cranor Ierobežota priekšskatīšana - 1993 |
Bieži izmantoti vārdi un frāzes
AFL-CIO animal bioassays appropriate argue argument Benzene bioassays Black burden of production burden of proof California cancer Carcinogen Risk Assessment carcinogens cause Chapter chemical choice concern considerations court Cranor decision discussion disease environmental health epidemiological studies estimates evaluation expedited expert exposed exposure to toxic false negatives false positives Federal Ferebee harm Hazard health protections Ibid identified industry inference injuries institutions issues joint causation Journal jury Law Review leukemia mistakes models normative null hypothesis Occupational Safety opportunity OSHA OSHA's overregulation plaintiff potency present principle problems reasons regulatory false regulatory law relative risk require research science risk assessment risk assessment procedures risk management risks to human rule Safety and Health scientific evidence scientists standards of evidence statistical statutes substantial suggests theory Theory of Justice tion tort law tort suits toxic substances toxic tort typically U.S. Congress uncertainty underregulation utilitarian workplace health
Atsauces uz šo grāmatu
Reclaiming the Environmental Debate: The Politics of Health in a Toxic Culture Richard Hofrichter Ierobežota priekšskatīšana - 2000 |