Current environmental problems and technological risks are a challenge for a new institutional arrangement of the value spheres of Science, Politics and Morality. Distinguished authors from different European countries and America provide a cross-disciplinary perspective on the problems of political decision making under the conditions of scientific uncertainty. cases from biotechnology and the environmental sciences are discussed. The papers collected for this volume address the following themes: (i) controversies about risks and political decision making; (ii) concepts of science for policy; (...) (iii) the use of social science in the policy making process; (iv) ethical problems with developments in science and technology; (v) public and state interests in the development and control of technology. (shrink)

A large number of legal rules create an obligation to prevent, repair or otherwise mitigate damage to human health or the environment. Many of these rules require that a legally relevant causal relation between human behaviour and the damage at issue is established, and in the establishment of causal relations of this kind scientific information is often pressed into service. This thesis examines this specifically legal use of scientific information. It shows that many legally relevant causal relations cannot be established (...) in this way. It also shows that the legal strategy for dealing with epistemic difficulties by relaxing the standard of proof is of limited value in tackling this problem. Consequently, the legal rules focused upon are less efficient tools for combating damage to human health and the environment than their appearances suggest. Other legal means to achieve this aim should therefore be considered. The thesis begins by presenting a framework which can be used to solve some important problems with communication and the division of labour that arise when scientific information is used to answer legal questions. This framework recognizes both epistemological and ontological differences between law and science. The latter are differences between the kinds of entity which are relevant in distinct theoretical contexts; the former, by contrast, are differences between applicable standards of proof. In subsequent parts of the thesis this framework shapes the discussion of the question: To what extent can legally relevant causal relations, involving legally significant entities, be established through the application of scientific information about other, scientifically relevant entities and legal standards of proof. The thesis concludes with a discussion of some of the ways in which the legal regulation could, potentially, be adapted, so as to counteract damage to human health and the environment more efficiently. (shrink)