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, yet until 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.
Industry Reviews
"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
"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
"An important contribution to the fields of environmental and toxic tort law. It presents a provocative argument entailing scientific, legal, and ethical aspects of regulating toxic substances....Well written, extensively documented, and thought provoking. It deserves a place on your bookshelf."--Shepard's Expert and Scientific Evidence Quarterly
"A thoughtful analysis of the scientific and philosophical issues arising in the context of toxic substance regulation....Should be read by all those interested in administrative law and tort law and who are involved in regulating toxic substances or in litigating toxic tort cases....Thought-provoking and persuasive."--Harvard Journal of Law & Technology
"An extraordinary contribution in uncovering the ethical and normative questions hidden in the regulatory debate about hazardous substances. After looking closely at the scientific questions, Dr. Cranor shows why regulatory and legal decisionmaking about toxic substances must be understood primarily as normative in character. This book will help both to bring clarity to the debate about toxic substances and restore ethical reasoning to its appropriate central
position in public discourse about environmental hazards."--Donald A. Brown, Esq., Director, Department of Environmental Resources, Commonwealth of Pennsylvania
"[Cranor's] argument merits the attention of anyone seriously interested in regulatory risk assessment."--Issues in Science and Technology
"Thought-provoking and offers fuel for debate on this complex topic....The book can be easily read and understood by both the technical and nontechnical reader, and is recommended to those involved in the science of toxicology, regulators, and the legal profession."--Journal of the Institute of Environmental Sciences
"This book will help anyone interested in justifications for regulatory toxicology, and those concerned with more specialised aspects of the legal-scientific interface, whether as technical experts or regulatory assessors."--Human & Experimental Toxicology
"This book is a very thoughtful and useful addition to the risk assessment dialogue."--Environmental History Review
