By Sidney A. Shapiro
Within the Nineteen Sixties and Seventies, Congress enacted an unlimited physique of laws to guard the surroundings and person well-being and security. jointly, this laws is called “risk law” since it addresses the danger of injury that know-how creates for people and the surroundings. within the final twenty years, this laws has come below expanding assault by way of critics who hire utilitarian philosophy and cost-benefit research. The defenders of this physique of probability rules, in contrast, have lacked the same unifying idea. during this ebook, the authors suggest that the yank culture of philosophical pragmatism fills this vacuum. They argue that pragmatism deals a greater strategy for conceiving of and imposing danger law than the industrial paradigm preferred through its critics. whereas pragmatism bargains a technique in aid of hazard law because it was once initially conceived, it additionally bargains a standpoint from which this laws will be held as much as serious appraisal. The authors hire pragmatism to aid chance legislation, yet pragmatism additionally leads them to consider many of the criticisms opposed to it, or even to point new criticisms in their personal. in spite of everything, the authors reject the picture—painted by means of danger regulation’s critics—of largely over the top and irrational law, however the pragmatic viewpoint additionally leads them to suggest a few techniques for valuable reforms to chance law.
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Extra resources for Risk Regulation at Risk: Restoring a Pragmatic Approach
Risk- or Ambient Quality–Based Standard If regulation occurs under a “risk or ambient quality–based” standard, an agency is empowered to impose such regulation as is necessary to achieve one of two related results. The level of regulation must be sufficient either to protect against a designated risk of harm to health or the environment (that is, risk-based) or to achieve some safety, health, or environment-based goal (that is, ambient quality–based), such as air or water clean enough to protect the public health.
In this section, we consider how Congress has matched statutory triggers and standards. The results indicate that Congress generally prefers a statutory trigger requiring evidence of risk or significant risk and a statutory standard that involves constrained or open-ended balancing. The Options The statutory triggers and standards, and how they are combined, vary the burden of proof that the government must meet before it can regulate. 1 and from left to right, the burden of proof changes in two ways.
9 The value of an idea or belief therefore arises out of criticism of existing ideas and beliefs. A new idea is valuable when it serves the community better than an existing belief. ”10 Inasmuch as the early pragmatists considered a belief to be true when it was more useful than a prior understanding in explaining or clarifying the world around us, they valued those ideas that had the capacity to solve social problems. ”12 As John Dewey observed, “If ideas . . are instrumental to an active organization of [a] given environment, to a removal of some specific trouble or complexity .