The debate on “safer by design” has primarily been focused on strategies to render products safer during the design process. This article focuses on correlated basic legal rights of citizens. The reference to “trump rights” is helpful in highlighting two normative claims: Firstly, products that are “safer by design” are suitable instruments to protect the bodily integrity and health of potential users. Both figure as trump rights in Ronald Dworkin’s sense. In this perspective, “safer by design” strategies can guarantee some (...) most basic rights of citizens. Secondly, the debate on trump rights also suggests that safety needs to be regarded as part of a more comprehensive normative framework. Even trump rights are competitive in that a plurality of rights needs to be respected. A final section gives evidence that both claims resonate with recent insights in debate on the precautionary principle. This section also highlights the recent emphasis on environmental concerns. (shrink)

Confronted with the possibility of severe environmental harms, such as catastrophic climate change, some researchers have suggested that we should abandon the principle at the heart of standard decision theory—the injunction to maximize expected utility—and embrace a different one: the Precautionary Principle. Arguably, the most sophisticated philosophical treatment of the Precautionary Principle is due to Steel. Steel interprets PP as a qualitative decision rule and appears to conclude that a quantitative decision-theoretic statement of PP is both impossible and unnecessary. In (...) this article, we propose a decision-theoretic formulation of PP in terms of lexical utilities. We show that this lexical model is largely faithful to Steel’s approach, but also that it corrects three problems with Steel’s account and clarifies the relationship between PP and standard decision theory. Using a range of examples, we illustrate how the lexical model can be used to explore a variety of issues related to precautionary reasoning. (shrink)

This open access book provides the first explicit case study for an application of the method of reflective equilibrium (RE), using it to develop and defend a precautionary principle. It thereby makes an important and original contribution to questions of philosophical method and methodology. The book shows step-by-step how RE is applied, and develops a methodological framework which will be useful for everyone who wishes to use reflective equilibrium. With respect to precautionary principles, the book demonstrates how a rights-based precautionary (...) principle can be constructed and defended. The case study succeeds in demonstrating that RE can be successfully applied and puts real constraints on the justification process. This is all the more remarkable as the case study was designed as an open-ended process, without presupposing any specific results. This book will be highly relevant both to people interested in philosophical methodology and epistemology, as well as to researchers who are interested in using philosophical methods and tools and applying them to practical problems. (shrink)