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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.
This book investigates the fundamental tension between scientific evidentiary standards and the legal requirements for regulating toxic substances in commerce. Carl F. Cranor, a scholar in philosophy and law, synthesizes perspectives from epidemiology, tort law, and regulatory policy to argue that current scientific demands in legal settings are often misaligned with the protective goals of the law. He posits that an over-reliance on intensive scientific proof creates a regulatory bottleneck that leaves the public vulnerable to unidentified chemical hazards. The work advocates for a recalibration of evidentiary standards that balances social justice and public safety against the practical limitations of scientific data collection.
What You Will Find
Experts in environmental law and policy frequently cite this work as a foundational text for understanding the philosophical underpinnings of toxic torts and regulatory oversight. Readers often note the academic density of the prose, which requires a firm grasp of both legal theory and scientific methodology to fully appreciate the author's arguments.
Page Count:
272
Publication Date:
1993-02-18
Publisher:
Oxford University Press
ISBN-10:
019507436X
ISBN-13:
9780195074369
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