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Toxic Torts: Science, Law and the Possibility of Justice

Cambridge University Press (2006)

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  1. Non-cognitive Values and Methodological Learning in the Decision-Oriented Sciences.Oliver Todt & José Luis Luján - 2017 - Foundations of Science 22 (1):215-234.
    The function and legitimacy of values in decision making is a critically important issue in the contemporary analysis of science. It is particularly relevant for some of the more application-oriented areas of science, specifically decision-oriented science in the field of regulation of technological risks. Our main objective in this paper is to assess the diversity of roles that non-cognitive values related to decision making can adopt in the kinds of scientific activity that underlie risk regulation. We start out, first, by (...)
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  • Randomization and Rules for Causal Inferences in Biology: When the Biological Emperor (Significance Testing) Has No Clothes.Kristin Shrader-Frechette - 2011 - Biological Theory 6 (2):154-161.
    Why do classic biostatistical studies, alleged to provide causal explanations of effects, often fail? This article argues that in statistics-relevant areas of biology—such as epidemiology, population biology, toxicology, and vector ecology—scientists often misunderstand epistemic constraints on use of the statistical-significance rule (SSR). As a result, biologists often make faulty causal inferences. The paper (1) provides several examples of faulty causal inferences that rely on tests of statistical significance; (2) uncovers the flawed theoretical assumptions, especially those related to randomization, that likely (...)
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  • Nanotoxicology and ethical conditions for informed consent.Kristin Shrader-Frechette - 2007 - NanoEthics 1 (1):47-56.
    While their strength, electrical, optical, or magnetic properties are expected to contribute a trillion dollars in global commerce before 2015, nanomaterials also appear to pose threats to human health and safety. Nanotoxicology is the study of these threats. Do nanomaterial benefits exceed their risks? Should all nanomaterials be regulated? Currently nanotoxicologists cannot help answer these questions because too little is known about nanomaterials, because their properties differ from those of bulk materials having the same chemical composition, and because they differ (...)
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  • Conceptual analysis and special-interest science: toxicology and the case of Edward Calabrese.Kristin Shrader-Frechette - 2010 - Synthese 177 (3):449 - 469.
    One way to do socially relevant investigations of science is through conceptual analysis of scientific terms used in special-interest science (SIS). SIS is science having welfare-related consequences and funded by special interests, e.g., tobacco companies, in order to establish predetermined conclusions. For instance, because the chemical industry seeks deregulation of toxic emissions and avoiding costly cleanups, it funds SIS that supports the concept of "hormesis" (according to which low doses of toxins/carcinogens have beneficial effects). Analyzing the hormesis concept of its (...)
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  • “Gender-benders”: Sex and Law in the Constitution of Polluted Bodies. [REVIEW]Dayna Nadine Scott - 2009 - Feminist Legal Studies 17 (3):241-265.
    This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an (...)
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  • Ethical Dilemmas in Protecting Susceptible Subpopulations From Environmental Health Risks: Liberty, Utility, Fairness, and Accountability for Reasonableness.David B. Resnik, D. Robert MacDougall & Elise M. Smith - 2018 - American Journal of Bioethics 18 (3):29-41.
    Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy (...)
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  • Values and Decisions: Cognitive and Noncognitive Values in Knowledge Generation and Decision Making.José Luis Luján & Oliver Todt - 2014 - Science, Technology, and Human Values 39 (5):720-743.
    The relevance of scientific knowledge for science and technology policy and regulation has led to a growing debate about the role of values. This article contributes to the clarification of what specific functions cognitive and noncognitive values adopt in knowledge generation and decisions, and what consequences the operation of values has for policy making and regulation. For our analysis, we differentiate between three different types of decision approaches, each of which shows a particular constellation of cognitive and noncognitive values. Our (...)
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  • Statistical significance in biology: Neither necessary nor sufficient for hypothesis acceptance.Kristin Shrader-Frechette - 2008 - Biological Theory 3 (1):12-16.
  • Relative risk and methodological rules for causal inferences.Kristin Shrader-Frechette - 2007 - Biological Theory 2 (4):332-336.
  • The ethical significance of language in the environmental sciences: Case studies from pollution research.Kevin C. Elliott - 2009 - Ethics, Place and Environment 12 (2):157 – 173.
    This paper examines how ethically significant assumptions and values are embedded not only in environmental policies but also in the language of the environmental sciences. It shows, based on three case studies associated with contemporary pollution research, how the choice of scientific categories and terms can have at least four ethically significant effects: influencing the future course of scientific research; altering public awareness or attention to environmental phenomena; affecting the attitudes or behavior of key decision makers; and changing the burdens (...)
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  • Standardized Study Designs, Value Judgments, and Financial Conflicts of Interest in Research.Kevin C. Elliott - 2016 - Perspectives on Science 24 (5):529-551.
    . The potential for financial conflicts of interest to influence scientific research has become a significant concern. Some commentators have suggested that the development of standardized study protocols could help to alleviate these problems. This paper identifies two problems with this solution: scientific research incorporates numerous methodological judgments that cannot be constrained by standardized protocols; and standardization can hide significant value judgments. These problems arise because of four weaknesses of standardized guidelines: incompleteness, limited applicability, selective ignorance, and ossification. Therefore, the (...)
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  • Financial Conflicts of Interest and Criteria for Research Credibility.Kevin C. Elliott - 2014 - Erkenntnis 79 (S5):917-937.
    The potential for financial conflicts of interest (COIs) to damage the credibility of scientific research has become a significant social concern, especially in the wake of high-profile incidents involving the pharmaceutical, tobacco, fossil-fuel, and chemical industries. Scientists and policy makers have debated whether the presence of financial COIs should count as a reason for treating research with suspicion or whether research should instead be evaluated solely based on its scientific quality. This paper examines a recent proposal to develop criteria for (...)
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  • Cancer.Anya Plutynski - 2019 - Stanford Encyclopedia of Philosophy.
    Cancer—and scientific research on cancer—raises a variety of compelling philosophical questions. This entry will focus on four topics, which philosophers of science have begun to explore and debate. First, scientific classifications of cancer have as yet failed to yield a unified taxonomy. There is a diversity of classificatory schemes for cancer, and while some are hierarchical, others appear to be “cross-cutting,” or non-nested. This literature thus raises a variety of questions about the nature of the disease and disease classification. Second, (...)
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  • Risk.Sven Ove Hansson - 2008 - Stanford Encyclopedia of Philosophy.
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