Regulating Toxic Substances: A Philosophy of Science and the LawOxford University Press, 1993. gada 18. febr. - 272 lappuses The proliferation of chemical substances in commerce poses 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 and the environment. The philosophical problem is how much scientific information we should demand for this task consistent with other social goals we might have. In this book, Cranor utilizes material from ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment, to argue that the scientific evidential standards used in tort law and administrative 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. An appropriate balance between these social concerns must be found. Justice requires we use evidentiary standards more appropriate to the legal institutions in question and resist the temptation to demand the most intensive scientific evaluation of each substance subject to legal action. |
No grāmatas satura
1.–5. rezultāts no 65.
viii. lappuse
... require the same scientific rigor in the legal process which we would apply in the laboratory . We need to decide whether we can afford our present , time - consuming procedures for evaluating potentially toxic substances when other ...
... require the same scientific rigor in the legal process which we would apply in the laboratory . We need to decide whether we can afford our present , time - consuming procedures for evaluating potentially toxic substances when other ...
3. lappuse
... require- ments for certainty commonly considered part of research science frequently frus- trate our efforts to identify , regulate , and control toxic substances . A more serious problem is that such procedures are much too slow to ...
... require- ments for certainty commonly considered part of research science frequently frus- trate our efforts to identify , regulate , and control toxic substances . A more serious problem is that such procedures are much too slow to ...
6. lappuse
... require firms to handle and dispose of their toxic wastes in certain specified ways . The Food , Drug and Cosmetic Act requires firms elaborately to test direct food additives to ensure that they are safe before they can enter commerce ...
... require firms to handle and dispose of their toxic wastes in certain specified ways . The Food , Drug and Cosmetic Act requires firms elaborately to test direct food additives to ensure that they are safe before they can enter commerce ...
8. lappuse
... problems will require a different approach — a change in philosophy , in our paradigms — in the use of science for legal purposes . Failure to modify our approaches in these institutions will likely 8 REGULATING TOXIC SUBSTANCES.
... problems will require a different approach — a change in philosophy , in our paradigms — in the use of science for legal purposes . Failure to modify our approaches in these institutions will likely 8 REGULATING TOXIC SUBSTANCES.
9. lappuse
... require more demanding scientific evidence in toxic tort ( and other ) suits , are mistaken in their choice of paradigm . The appropriate paradigm is not that for scientific practice but the traditional tort law standard of evidence ...
... require more demanding scientific evidence in toxic tort ( and other ) suits , are mistaken in their choice of paradigm . The appropriate paradigm is not that for scientific practice but the traditional tort law standard of evidence ...
Saturs
3 | |
1 The Scientific Background | 12 |
2 Scientific Evidence in the Tort Law | 49 |
3 Joint Causation Torts and Administrative Law in Environmental Health Protections | 83 |
4 Scientific Procedures in Regulatory Agencies | 103 |
5 Epistemic and Moral Justification | 152 |
Notes | 179 |
Uncertainties in Carcinogen Risk Assessments | 221 |
Cancer Potency Estimates of CDHS and EPA | 222 |
Relative Risk as a Function of Alpha and Beta Values | 225 |
Statutes Authorizing Regulation of Carcinogens | 229 |
Derivation of TDsub50 Potency Values | 230 |
Bibliography | 231 |
Index | 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
Populāri fragmenti
67. lappuse - If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise...
205. lappuse - Unreasonable adverse effects on the environment The term "unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.
59. lappuse - Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while Courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which...
109. lappuse - ... to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life.
149. lappuse - Courts must, in some cases, reconcile competing political interests, but not on the basis of the judges' personal policy preferences. In contrast, an agency to which Congress has delegated policymaking responsibilities may, within the limits of that delegation, properly rely upon the incumbent administration's views of wise policy to inform its judgments.
197. lappuse - if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise...
214. lappuse - ... unsupported by substantial evidence in any case subject to the requirements of sections 7 and 8 or otherwise reviewed on the record of an agency hearing provided by statute; or (6), unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations the court shall review the whole record or such portions thereof as may be cited by any party, and due account shall be taken of the rule of prejudicial error.
16. lappuse - In the absence of adequate data on humans, it is reasonable, for practical purposes, to regard chemicals for which there is sufficient evidence of carcinogenicity in animals as if they presented a carcinogenic risk to humans.
Atsauces uz šo grāmatu
Reclaiming the Environmental Debate: The Politics of Health in a Toxic Culture Richard Hofrichter Ierobežota priekšskatīšana - 2000 |