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Regulating Toxic Substances: A Philosophy of Science and the Law (Environmental Ethics and Science Policy Series)

by Carl F. Cranor (Author)
4.0 4.0 out of 5 stars 1 rating
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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.
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  1. ISBN-10
    019507436X
  2. ISBN-13
    978-0195074369
  3. Publisher
    Oxford University Press
  4. Publication date
    February 18, 1993
  5. Language
    English
  6. Dimensions
    6.31 x 1.02 x 9.56 inches
  7. Print length
    272 pages
  8. See all details
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Editorial Reviews

Review

"An important contribution to the interdisciplinary review of public policy, primarily in its examination of the assumptions and implications of contemporary risk assessment practices in judicial and regulatory settings."--Ethics

"The author is uniquely qualified to examine these issues....In addition to developing his own view, the author provides a wealth of historical information about how risk has been managed in our society. Highly recommended for both academics who study risk and professionals who perform and implement risk analyses."--Choice

"Strong in its analysis of science, law, and philosophy, Cranor compellingly demonstrates that the amount of science required in public decisions about toxic substances is an important philosophical issue. This book should both help clarify the debate about toxic substance and restore ethical reasoning to its central place of importance in public discourse about the hazards of toxic substances."--Environmental Law Forum

"A detailed and absorbing piece of research that demonstrates the immense practical importance of ethical theories."--Times Higher Education Supplement

"An interesting vantage point from which readers are challenged to reflect on many socially important risk management issues. For that reason, his analysis is useful and well worth careful study."--Risk: Health, Safety & Environment

From the Back Cover

The proliferation of chemical substances in commerce poses significant 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 or the environment. The philosophical problem is to determine how much scientific information we should demand for this task consistent with the pursuit of other social goals. In this book, Carl Cranor utilizes material from ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment to argue that the evidentiary standards for science used in the 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. Analyzing this tension philosophically, Cranor argues for an appropriate balance between these social concerns. Although the use of somewhat less stringent evidentiary standards for expert testimony in tort law cases and the use of expedited procedures in the regulatory field might in some cases lead to mistakes of overcompensation or overregulation, the overall social costs would be less than the alternatives. Justice requires that we tolerate the chance of such errors and that we resist the temptation to demand the most science intensive evaluation of each substance in order to protect individuals better from mistakes of undercompensation and underregulation. The role of science in the control of toxic substances is an important public philosophical issue, yetuntil now has received little discussion by philosophers. Regulating Toxic Substances addresses this subject in a way that speaks both to a well-informed public and to experts in several disciplines, including philosophy, risk assessment, environmental and tort law, environmental studies, and public health policy.

Product details

  • Publisher ‏ : ‎ Oxford University Press (February 18, 1993)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 272 pages
  • ISBN-10 ‏ : ‎ 019507436X
  • ISBN-13 ‏ : ‎ 978-0195074369
  • Lexile measure ‏ : ‎ 1650L
  • Item Weight ‏ : ‎ 1.27 pounds
  • Dimensions ‏ : ‎ 6.31 x 1.02 x 9.56 inches
  • Customer Reviews:
    4.0 4.0 out of 5 stars 1 rating

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Carl F. Cranor

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4.0 out of 5 stars Regulating Toxic Substances: A Philosophy of Science and the Law
Reviewed in the United States on July 25, 2007
Regulating Toxic Substances: A Philosophy of Science and the Law provides a sophisticated and educational analysis of the complexities associated with regulating, assessing and conceptualizing toxic substances. Cranor does an impressive job at dissecting and disentangling the perplexing relationship between scientific risk assessment analysis as it pertains to Tort law, regulatory agencies and their epistemic and philosophical considerations. Theories of distribution and variants of Rawls's concept of Utilitarianism provide an atypical way of conceptualizing ethical justifications for the regulation of carcinogens and other toxic substances. The universal consideration taken by Cranor is the relationship between scientific assessment of toxic substances and public-healthcare policy efficiency. Of particular value, the last four appendices discuss the theoretic and scientific cancer potency estimates in the California Department of Health Sciences (CDHS) and the Environmental Protection Agency (EPA). Models of risk act as a function of Alpha and Beta values, statutes authorizing the regulation of carcinogens, and derivation of TD50 (tumorigenic dose) potency values. Regulating Toxic Substances: A Philosophy of Science and the Law will be best suited for those who are interested in the toxic Tort litigation and familiar with moderate to advanced statistic models of risk assessment and public-healthcare policy. Clanor puts together a cohesive evaluation of the synergetic relationship between toxic substances, policy and scientific method.
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