What is the relationship between fear, danger, and the law? Cass Sunstein attacks the increasingly influential Precautionary Principle - the idea that regulators should take steps to protect against potential harms, even if causal chains are uncertain and even if we do not know that harms are likely to come to fruition. Focusing on such problems as global warming, terrorism, DDT, and genetic engineering, Professor Sunstein argues that the Precautionary Principle is incoherent. Risks exist on all sides of social situations, (...) and precautionary steps create dangers of their own. Diverse cultures focus on very different risks, often because social influences and peer pressures accentuate some fears and reduce others. Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism', designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security. Laws of Fear represents a major statement from one of the most influential political and legal theorists writing today. (shrink)

In non-technical contexts, the word “risk” refers, often rather vaguely, to situations in which it is possible but not certain that some undesirable event will occur. In technical contexts, the word has many uses and specialized meanings. The most common ones are the following.

Tolerance for blood transfusion risks is very low, as evidenced by the implementation of expensive blood tests and the rejection of gay men as blood donors. Is this low risk tolerance supported by the precautionary principle, as defenders of such policies claim? We discuss three constraints on applying the precautionary principle and show that respecting these implies tolerating certain risks. Consistency means that the precautionary principle cannot prescribe precautions that it must simultaneously forbid taking, considering the harms they might cause. (...) Avoiding counterproductivity requires rejecting precautions that cause more harm than they prevent. Proportionality forbids taking precautions that are more harmful than adequate alternatives. When applying these constraints, we argue, attention should not be restricted to harms that are human caused or that affect human health or the environment. Tolerating transfusion risks can be justified if available precautions have serious side effects, such as high social or economic costs. (shrink)

In its restless metamorphosis, the environmental movement captures ideas and transforms them into principles, guidelines and points of leverage. Sustainability is one such idea, now being reinterpreted in the aftermath of the 1992 Rio Conference. So too is the precautionary principle. Like sustainability, the precautionary principle is neither a well defined principle nor a stable concept. It has become the repository for a jumble of adventurous beliefs that challenge the status quo of political power, ideology and civil rights. Neither concept (...) has much coherence other than it is captured by the spirit that is challenging the authority of science, the hegemony of cost-benefit analysis, the powerlessness of victims of environmental abuse, and the unimplemented ethics of intrinsic natural rights and inter-generational equity. It is because the mood of the times needs an organising idea that the precautionary principle is getting a fair wind. However, unless its advocates sharpen up their understanding of the term, the precautionary principle may not establish the influence it deserves. Its future looks promising but it is not assured. (shrink)

Available methods such as technology assessment and risk analysis have failed to predict the effects of technological choices. We need to give up the futile predictive ambitions of previous approaches and instead base decisions on systematic studies of alternative future developments. It will then be necessary to cope with mere possibility arguments, i.e., arguments in which a conclusion is drawn from a mere possibility that a course of action may have certain consequences. A five-step procedure is proposed for the assessment (...) of such arguments. It includes a search for mere possibility arguments pointing in different directions, a scientific evaluation that may lead to the specification or refutation of some of these arguments, two symmetry tests, evaluation of the seriousness of the arguments in terms of novelty, spatio-temporal unlimitedness and interference with complex systems, and hypothetical retrospection that aims at finding a course of action that will be defensible in retrospect. (shrink)

In June 2012, New York City Mayor Michael Bloomberg announced his plans for a ban on the sale of sugary beverages in containers larger than 16 ounces. Shortly thereafter, the Center for Consumer Freedom took out a full-page ad in the New York Times featuring Bloomberg photo-shopped into a matronly dress with the tag line “New Yorkers need a Mayor, not a Nanny.” On television, the CATO Institute's Michael Cannon declared, “This is the most ridiculous sort of nanny state-ism; [i]t’s (...) none of the mayor's business how much soda people are drinking.” And in newspapers around the country, editorial pages featured headlines such as “Gulp! Yet Another Intrusion of the Nanny State.” Just like that, the public debate about this measure became focused on government overreach, while the public health problem of obesity faded into the background. (shrink)

The precautionary principle (PP) is thought by many to be a useful strategy for action and by many others useless at best and dangerous at worst. We argue that it is a coherent and useful principle. We first clarify the principle and then defend it against a number of common criticisms. Three examples from nanotechnology are used; nanoparticles and possible health and environmental problems, grey goo and the potential for catastrophe, and privacy risks generated by nanoelectronics.

The precautionary principle (PP) aims to anticipate and minimize potentially serious or irreversible risks under conditions of scientific uncertainty. Thus it preserves the potential for future developments. It has been incorporated into many international treaties and pieces of national legislation for environmental protection and sustainable development. In this article, we outline an interpretation of the PP as a framework of orientation for a sustainable information society. Since the risks induced by future information and communication technologies (ICT) are social risks for (...) the most part, we propose to extend the PP from mainly environmental to social subjects of protection. From an ethical point of view, the PP and sustainability share the principle of intergenerational justice, which can be used as an argument to preserve free space for the decisions of future generations. Applied to technical innovation and to ICT issues in particular, the extended PP can serve as a framework of orientation to avoid socio-economically irreversible developments. We conclude that the PP is a useful approach for: (i) policy makers to reconcile information society and sustainability policies and (ii) ICT companies to formulate sustainability strategies. (shrink)

Rolston (1988) argues that in order to act ethically in the environment, moral agents must assume that their actions are potentially harmful, and then strive to prove otherwise before implementing that action. In order to determine whether or not an action in the environment is harmful requires the tools of applied epistemology in order to act in accord with Rolston’s ethical prescription. This link between ethics and epistemology demands a closer look at the relationship between confirmation theory, particularly notions of (...) plausibility, in the philosophy of science and environmental ethics. Upon taking this look, I conclude that, at least logically, we are no better off assuming that actions are maximally risky (Rolston) than when we assume minimal risk. “Our vulnerability to error is greatest not from the things that we include in the model, but from the prophecies we leave out entirely.” Francis Bretherton “What is the main epistemic problem concerning science? I take it that it is the explication of how we compare and evaluate theories, as a basis either for theory acceptance or for practical action.” Bas van Fraassen “We face two kinds of ethical difficulties. One is where we know what ought to be done but not how to get the company to do it. The other is where we do not know what is right. We do not know the facts, or how to weigh the facts, especially statistical ones. We do not know the probabilities for development of future technologies. We do not know how to attach values to facts, or how to trade this good off against that one.” Holmes Rolston. (shrink)

This is a response to an article by Wade Allison in which he argues that we should accept drastically higher doses of ionizing radiation than what we currently do. He employs four arguments in defence of his position: comparisons with background radiation, the positive experiences of radiotherapy, the presence of biological defence mechanisms against radiation, and a concession by Swedish authorities that their approach to reindeer meat after the Chernobyl fallout was unnecessarily strict. It is shown that each of the (...) four arguments is fallacious. In conclusion, the traditional weighing of risks against benefits in radiation protection is defended. (shrink)