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Regulating Toxic Substances: A Philosophy of Science and the Law

Oxford University Press, Usa (1993)

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  1. The science veil over tort law policy: How should scientific evidence be utilized in toxic tort law? [REVIEW]Carl F. Cranor - 2005 - Law and Philosophy 24 (2):139 - 210.
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  • Epistemological and Ethical Aspects of Time in Scientific Research.Daria Jadreškić - 2020 - Dissertation, Leibniz University Hannover
    This dissertation explores the influence of time constraints on different research practices. The first two parts present case studies, which serve as a basis for discussing the epistemological and ethical implications of temporal limitations in scientific research. Part I is a case study on gravitational wave research, conducted by the LIGO Scientific Collaboration. This exemplifies fundamental research – without immediate societal applications, open-ended in terms of timeline and in terms of research goals. It is based, in part, on qualitative interviews (...)
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  • The Error Is in the Gap: Synthesizing Accounts for Societal Values in Science.Christopher ChoGlueck - 2018 - Philosophy of Science 85 (4):704-725.
    Kevin Elliott and others separate two common arguments for the legitimacy of societal values in scientific reasoning as the gap and the error arguments. This article poses two questions: How are these two arguments related, and what can we learn from their interrelation? I contend that we can better understand the error argument as nested within the gap because the error is a limited case of the gap with narrower features. Furthermore, this nestedness provides philosophers with conceptual tools for analyzing (...)
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  • Time-sensitivity in Science.Daria Jadreškić - manuscript
    I examine the role of time-sensitivity in science by drawing on a discussion between Kevin Elliott and Daniel McKaughan and Daniel Steel, on the role of non-epistemic values in theory assessment and the epistemic status of speed of inference. I argue that: 1) speed supervenes on ease of use in the cases they discuss, 2) speed is an epistemic value, and 3) Steel’s account of values doesn’t successfully distinguish extrinsically epistemic from non-epistemic values. Finally, I propose an account of time-sensitivity.
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  • The example of the IPCC does not vindicate the Value Free Ideal: a reply to Gregor Betz.Stephen John - 2015 - European Journal for Philosophy of Science 5 (1):1-13.
    In a recent paper, Gregor Betz has defended the value-free ideal: “the justification of scientific findings should not be based on non-epistemic values”against the methodological critique, by reference to the work of the International Panel on Climate Change . This paper argues that Betz’s defence is unsuccessful. First, Betz’s argument is sketched, and it is shown that the IPCC does not avoid the need to “translate” claims. In Section 2, it is argued that Betz mischaracterises the force of the methodological (...)
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  • A verisimilitudinarian analysis of the Linda paradox.Gustavo Cevolani, Vincenzo Crupi & Roberto Festa - 2012 - VII Conference of the Spanish Society for Logic, Methodology and Philosphy of Science.
    The Linda paradox is a key topic in current debates on the rationality of human reasoning and its limitations. We present a novel analysis of this paradox, based on the notion of verisimilitude as studied in the philosophy of science. The comparison with an alternative analysis based on probabilistic confirmation suggests how to overcome some problems of our account by introducing an adequately defined notion of verisimilitudinarian confirmation.
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  • Norms for values in scientific belief acceptance.Heather Douglas - unknown
    Although a strict dichotomy between facts and values is no longer accepted, less attention has been paid to the roles values should play in our acceptance of factual statements, or scientific descriptive claims. This paper argues that values, whether cognitive or ethical, should never preclude or direct belief on their own. Our wanting something to be true will not make it so. Instead, values should only be used to consider whether the available evidence provides sufficient warrant for a claim. This (...)
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  • (1 other version)Epistemic Priority or Aims of Research? A Critique of Lexical Priority of Truth in Regulatory Science.Joby Verghese - 2022 - Croatian Journal of Philosophy 22 (64):21-37.
    A general criterion for distinguishing between epistemic and non-epistemic values is that the former promotes the attainment of truth whereas the latter does not. Daniel Steel is a proponent of this criterion, although it was initially proposed by McMullin. There are at least two consequences of this criterion; it always prioritizes epistemic values over non-epistemic values in scientific research, and it overlooks the diverse aims of science, especially the aims of regulatory or policy-oriented science. This criterion assumes the lexical priority (...)
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  • Ethical Dilemmas in Protecting Susceptible Subpopulations From Environmental Health Risks: Liberty, Utility, Fairness, and Accountability for Reasonableness.David B. Resnik, D. Robert MacDougall & Elise M. Smith - 2018 - American Journal of Bioethics 18 (3):29-41.
    Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy (...)
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  • In Defence of Bad Science and Irrational Policies: an Alternative Account of the Precautionary Principle.Stephen John - 2010 - Ethical Theory and Moral Practice 13 (1):3-18.
    In the first part of the paper, three objections to the precautionary principle are outlined: the principle requires some account of how to balance risks of significant harms; the principle focuses on action and ignores the costs of inaction; and the principle threatens epistemic anarchy. I argue that these objections may overlook two distinctive features of precautionary thought: a suspicion of the value of “full scientific certainty”; and a desire to distinguish environmental doings from allowings. In Section 2, I argue (...)
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  • Non-cognitive Values and Methodological Learning in the Decision-Oriented Sciences.Oliver Todt & José Luis Luján - 2017 - Foundations of Science 22 (1):215-234.
    The function and legitimacy of values in decision making is a critically important issue in the contemporary analysis of science. It is particularly relevant for some of the more application-oriented areas of science, specifically decision-oriented science in the field of regulation of technological risks. Our main objective in this paper is to assess the diversity of roles that non-cognitive values related to decision making can adopt in the kinds of scientific activity that underlie risk regulation. We start out, first, by (...)
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  • The ethical significance of language in the environmental sciences: Case studies from pollution research.Kevin C. Elliott - 2009 - Ethics, Place and Environment 12 (2):157 – 173.
    This paper examines how ethically significant assumptions and values are embedded not only in environmental policies but also in the language of the environmental sciences. It shows, based on three case studies associated with contemporary pollution research, how the choice of scientific categories and terms can have at least four ethically significant effects: influencing the future course of scientific research; altering public awareness or attention to environmental phenomena; affecting the attitudes or behavior of key decision makers; and changing the burdens (...)
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  • Philosophical Scrutiny of Evidence of Risks: From Bioethics to Bioevidence.Deborah G. Mayo & Aris Spanos - 2006 - Philosophy of Science 73 (5):803-816.
    We argue that a responsible analysis of today's evidence-based risk assessments and risk debates in biology demands a critical or metascientific scrutiny of the uncertainties, assumptions, and threats of error along the manifold steps in risk analysis. Without an accompanying methodological critique, neither sensitivity to social and ethical values, nor conceptual clarification alone, suffices. In this view, restricting the invitation for philosophical involvement to those wearing a "bioethicist" label precludes the vitally important role philosophers of science may be able to (...)
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  • Introduction: Beyond the Production of Ignorance: The Pervasiveness of Industry Influence through the Tools of Chemical Regulation.Nathalie Jas, Marc-Olivier Déplaude, Sara Angeli Aguiton, Valentin Thomas & Emmanuel Henry - 2021 - Science, Technology, and Human Values 46 (5):911-924.
    Research on the influence of industry on chemical regulation has mostly been conducted within the framework of the production of ignorance. This special issue extends this research by looking at how industry asserts its interests––not just in the scientific sphere but also at other stages of policy-making and regulatory process––with a specific focus on the types of tools or instruments industry has used. Bringing together sociologists and historians specialized in Science and Technology Studies, the articles of the special issue study (...)
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  • Evidence based methodology: a naturalistic analysis of epistemic policies in regulatory science.José Luis Luján & Oliver Todt - 2021 - European Journal for Philosophy of Science 11 (1):1-19.
    In this paper we argue for a naturalistic solution to some of the methodological controversies in regulatory science, on the basis of two case studies: toxicology and health claim regulation. We analyze the debates related to the scientific evidence that is considered necessary for regulatory decision making in each of those two fields, with a particular attention to the interactions between scientific and regulatory aspects. This analysis allows us to identify two general stances in the debate: a) one that argues (...)
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  • Values and Decisions: Cognitive and Noncognitive Values in Knowledge Generation and Decision Making.José Luis Luján & Oliver Todt - 2014 - Science, Technology, and Human Values 39 (5):720-743.
    The relevance of scientific knowledge for science and technology policy and regulation has led to a growing debate about the role of values. This article contributes to the clarification of what specific functions cognitive and noncognitive values adopt in knowledge generation and decisions, and what consequences the operation of values has for policy making and regulation. For our analysis, we differentiate between three different types of decision approaches, each of which shows a particular constellation of cognitive and noncognitive values. Our (...)
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  • Balancing Uncertain Risks and Benefits in Human Subjects Research.Richard Barke - 2009 - Science, Technology, and Human Values 34 (3):337-364.
    Composed of scientific and technical experts and lay members, thousands of research ethics committees—Institutional Review Boards in the United States—must identify and assess the potential risks to human research subjects, and balance those risks against the potential benefits of the research. IRBs handle risk and its uncertainty by adopting a version of the precautionary principle. To assess scientific merit, IRBs use a tacit ``sanguinity principle,'' which treats uncertainty as inevitable, even desirable, in scientific progress. In balancing human subjects risks and (...)
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  • The Precautionary Principle Meets the Hill Criteria of Causation.Daniel Steel & Jessica Yu - 2019 - Ethics, Policy and Environment 22 (1):72-89.
    This article examines the relationship between the precautionary principle and the well-known Hill criteria of causation. Some have charged that the Hill criteria are anti-precautionary because the...
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  • Robust Trust in Expert Testimony.Christian Dahlman, Lena Wahlberg & Farhan Sarwar - 2015 - Humana Mente 8 (28).
    The standard of proof in criminal trials should require that the evidence presented by the prosecution is robust. This requirement of robustness says that it must be unlikely that additional information would change the probability that the defendant is guilty. Robustness is difficult for a judge to estimate, as it requires the judge to assess the possible effect of information that the he or she does not have. This article is concerned with expert witnesses and proposes a method for reviewing (...)
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  • Applying the contribution principle.Christian Barry - 2005 - Metaphilosophy 36 (1-2):210-227.
    When are we responsible for addressing the acute deprivations of others beyond state borders? One widely held view is that we are responsible for addressing or preventing acute deprivations insofar as we have contributed to them or are contributing to bringing them about. But how should agents who endorse this “contribution principle” of allocating responsibility yet are uncertain whether or how much they have contributed to some problem conceive of their responsibilities with respect to it? Legal systems adopt formal norms (...)
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  • Rationality in Context: Regulatory Science and the Best Scientific Method.José Luis Luján & Oliver Todt - 2022 - Science, Technology, and Human Values 47 (5):1086-1108.
    Is there such a thing as a “best scientific methodology” in regulatory science? By examining cases from varying regulatory processes, we argue that there is no best scientific method for generating decision-relevant data. In addition, in regulatory science, the most suitable methodologies often differ from what is considered best practice in knowledge-oriented science. In data generation for regulatory purposes, we are faced with a wide spectrum of preferred methodologies as well as controversy as to methodological choice. What goes by the (...)
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  • Drug Labels and Reproductive Health: How Values and Gender Norms Shape Regulatory Science at the FDA.Christopher ChoGlueck - 2019 - Dissertation, Indiana University
    The US Food and Drug Administration (FDA) is fraught with controversies over the role of values and politics in regulatory science, especially with drugs in the realm of reproductive health. Philosophers and science studies scholars have investigated the ways in which social context shapes medical knowledge through value judgments, and feminist scholars and activists have criticized sexism and injustice in reproductive medicine. Nonetheless, there has been no systematic study of values and gender norms in FDA drug regulation. I focus on (...)
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  • Climate Change and Second-Order Uncertainty: Defending a Generalized, Normative, and Structural Argument from Inductive Risk.Daniel Steel - 2016 - Perspectives on Science 24 (6):696-721.
    This article critically examines a recent philosophical debate on the role of values in climate change forecasts, such as those found in assessment reports of the Intergovernmental Panel on Climate Change. On one side, several philosophers insist that the argument from inductive risk, as developed by Rudner and Douglas among others, applies to this case. AIR aims to show that ethical value judgments should influence decisions about what is sufficient evidence for accepting scientific hypotheses that have implications for policy issues. (...)
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  • Mechanistic Information as Evidence in Decision-Oriented Science.José Luis Luján, Oliver Todt & Juan Bautista Bengoetxea - 2016 - Journal for General Philosophy of Science / Zeitschrift für Allgemeine Wissenschaftstheorie 47 (2):293-306.
    Mechanistic information is used in the field of risk assessment in order to clarify two controversial methodological issues, the selection of inference guides and the definition of standards of evidence. In this paper we present an analysis of the concept of mechanistic information in risk assessment by recurring to previous philosophical analyses of mechanistic explanation. Our conclusion is that the conceptual analysis of mechanistic explanation facilitates a better characterization of the concept of mechanistic information. However, it also shows that the (...)
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  • A pluralistic and socially responsible philosophy of epidemiology field should actively engage with social determinants of health and health disparities.Sean A. Valles - 2019 - Synthese 198 (Suppl 10):2589-2611.
    Philosophy of epidemiology has recently emerged as a distinct branch of philosophy. The field will surely benefit from pluralism, reflected in the broad range of topics and perspectives in this special issue. Here, I argue that a healthy pluralistic field of philosophy of epidemiology has social responsibilities that require the field as a whole to engage actively with research on social determinants of health and health disparities. Practicing epidemiologists and the broader community of public health scientists have gradually acknowledged that (...)
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  • Getting to Know the World Scientifically: An Objective View.Paul Needham - 2020 - Cham, Schweiz: Springer.
    This undergraduate textbook introduces some fundamental issues in philosophy of science for students of philosophy and science students. The book is divided into two parts. Part 1 deals with knowledge and values. Chap. 1 presents the classical conception of knowledge as initiated by the ancient Greeks and elaborated during the development of science, introducing the central concepts of truth, belief and justification. Aspects of the quest for objectivity are taken up in the following two chapters. Moral issues are broached in (...)
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  • Leading with ethics, aiming for policy: new opportunities for philosophy of science.Nancy Tuana - 2010 - Synthese 177 (3):471 - 492.
    The goal of this paper is to articulate and advocate for an enhanced role for philosophers of science in the domain of science policy as well as within the science curriculum. I argue that philosophy of science as a field can learn from the successes as well as the mistakes of bioethics and begin to develop a new model that includes robust contributions to the science classroom, research collaborations with scientists, and a role for public philosophy through involvement in science (...)
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  • Influences on toxicological risk assessments.Birgitte Wandall - 2007 - Dissertation, Royal Institute of Technology, Stockholm
    The aim of this thesis is to characterize and discuss two kinds of influences on the outcome of a toxicological risk assessment. One kind of influence has to do with values and the role played by value-based judgment. Currently, many toxicological risk assessments are characterized by scientific uncertainties. When this is the case, risk assessors are to some extent dependent on assumptions and judgment, and this has consequences for the outcome of the assessment. Another other kind of influence comes from (...)
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  • The Principle of Subsidiarity.Stefan Gosepath - 2005 - In Andreas Follesdal & Thomas Pogge (eds.), Real World Justice: Grounds, Principles, Human Rights, and Social Institutions. Springer. pp. 157-170.
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  • Radiobiogical hormesis, methodological value judgments, and metascience.Kristin Shrader-Frechette - 2000 - Perspectives on Science 8 (4):367-379.
    : Scientists are divided on the status of hypothesis H that low doses of ionizing radiation (under 20 rads) cause hormetic (or non-harmful) effects. Military and industrial scientists tend to accept H, while medical and environmental scientists tend to reject it. Proponents of the strong programme claim this debate shows that uncertain science can be clarified only by greater attention to the social values in(integral)uencing it. While they are in part correct, this paper argues that methodological analyses (not merely attention (...)
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  • Drugs versus diets: Disillusions with dutch health care.Wim J. van der Steen & Vincent K. Y. Ho - 2001 - Acta Biotheoretica 49 (2):125-140.
    Biology incorporated into other disciplines is often distorted, alarmingly so in some areas of medicine. Together with other forms of bias, this may have detrimental effects for patients depending on medical research for their health. A case study concerning omeprazole (Losec), one of the acid-suppressive drugs against gastric ulcers, and NSAIDs, non-steroid anti-inflammatory drugs, confirms that distorted biology together with biased health care policies foster disasters in current biomedicine and medical practice. In our country, The Netherlands, omeprazole is presumably the (...)
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  • Dinámica de los conceptos reguladores. Factores cognitivos y no cognitivos en el contexto de la toma de decisiones sobre riesgos tecnológicos.Oliver Todt & José Luis Poza Luján - 2011 - Endoxa 27:317.
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  • How to take deontological concerns seriously in risk-cost-benefit analysis: a re-interpretation of the precautionary principle.S. D. John - 2007 - Journal of Medical Ethics 33 (4):221-224.
    In this paper the coherence of the precautionary principle as a guide to public health policy is considered. Two conditions that any account of the principle must meet are outlined, a condition of practicality and a condition of publicity. The principle is interpreted in terms of a tripartite division of the outcomes of action . Such a division of outcomes can be justified on either “consequentialist” or “deontological” grounds. In the second half of the paper, it is argued that the (...)
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  • Practical Values and Uncertainty in Regulatory Decision‐making.José Luis Luján, Javier Rodríguez Alcázar & Oliver Todt - 2010 - Social Epistemology 24 (4):349-362.
    Regulatory science, which generates knowledge relevant for regulatory decision?making, is different from standard academic science in that it is oriented mainly towards the attainment of non?epistemic (practical) aims. The role of uncertainty and the limits to the relevance of academic science are being recognized more and more explicitly in regulatory decision?making. This has led to the introduction of regulation?specific scientific methodologies in order to generate decision?relevant data. However, recent practical experience with such non?standard methodologies indicates that they, too, may be (...)
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  • Antagonistic Synergy: Process and Paradox in the Development of New Agricultural Antimicrobial Regulations. [REVIEW]Wesley R. Dean & H. Morgan Scott - 2005 - Agriculture and Human Values 22 (4):479-489.
    There is currently great controversy over the contribution antimicrobial use in animal agriculture has made to antimicrobial resistance in pathogenic bacteria with negative consequences for human health. In light of this, the approval process for antimicrobials used in US animal agriculture, known as New Animal Drug Application or NADA, is currently being revised by the federal government. We explore the public deliberations over the development of these new policies focusing our attention on the interaction between pharmaceutical companies and the U.S. (...)
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  • Learning from the law for regulatory science.Carl F. Cranor - 1995 - Law and Philosophy 14 (1):115 - 145.
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  • Normatividad en filosofía de la ciencia: el caso de la ciencia reguladora.Javier Rodríguez - 2018 - Scientia in Verba Magazine 2 (1):50-67.
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  • Cancer.Anya Plutynski - 2019 - Stanford Encyclopedia of Philosophy.
    Cancer—and scientific research on cancer—raises a variety of compelling philosophical questions. This entry will focus on four topics, which philosophers of science have begun to explore and debate. First, scientific classifications of cancer have as yet failed to yield a unified taxonomy. There is a diversity of classificatory schemes for cancer, and while some are hierarchical, others appear to be “cross-cutting,” or non-nested. This literature thus raises a variety of questions about the nature of the disease and disease classification. Second, (...)
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