In this paper, we study the relationship between Economic Policy Uncertainty (EPU) and carbon dioxide (CO 2 ) emissions. Using an extensive dataset from 23 countries consisting of 6800 firm-year observations, we provide strong evidence that EPU increases firms’ CO 2 emissions. Our main inference is robust when using alternative measures of CO 2 emissions and EPU, alternative econometric specifications and samples, and several approaches to control for possible endogeneity. In a set of additional analyses, we first show (...) that a board’s characteristics (i.e., board gender diversity and board independence) significantly moderate the studied relationship. Second, cross-country characteristics (i.e., government effectiveness, control of corruption, and democracy) seem important in the relationship between EPU and CO 2 emissions. Our findings significantly contribute to the debate on firms’ ethical responsibility in managing climate change and CO 2 emissions. (shrink)

With the advancement of China’s economic transformation, the impact of economic policy uncertainty on family firms has become increasingly significant. The “familism” of family firms makes them more motivated to maintain family harmony, pursue innovative activities, and the long-term development of enterprises when faced with economic policy uncertainty. In this paper, we employed the data of listed Chinese family firms from 2010 to 2018 to analyze the impact of economic policy uncertainty on family business (...) innovation activities, analyze the inherent characteristics of family firm innovation, and find the path that enables the innovative activities of family firms and provides a valuable experience for the innovation of private enterprises in economic policy uncertainty. We provide evidence that economic policy uncertainty positively relates to family firm innovation. Moreover, the relationship is affected by factors such as directors’ executive background and access to state-owned equity. Further analysis indicates that economic policy uncertainty can promote family firms’ innovation activities by improving their risk-taking, internal capital market circulation, and reducing political connections. (shrink)

The political environment has a significant impact on the sustainable development of enterprises. This manuscript aims to investigate the effect of policy uncertainty and official social capital on enterprises’ effective tax rate due to the change of officials. Based on the panel data from the Chinese Industrial Enterprise Database from 1998 to 2009, it is shown that the policy uncertainty caused by the change of local government officials significantly increases the ETR of enterprises. Meanwhile, municipal officials (...) who have social ties with provincial officials in their province also tend to raise the ETR of industrial enterprises, and this tendency is more evident when the officials take office. Further research shows that the effects vary in many aspects for policy uncertainty and social capital on the ETR of enterprises. The findings of this manuscript provide support for a deeper understanding of the change in local government fiscal policies and give suggestions to strengthen political environmental governance for the sustainable development of enterprises. (shrink)

The impetus of this study is to gauge the nexus between economic policy uncertainty and financial innovation in Brazil, Russia, India, China, and South Africa nations for the period from 2004M1 to 2018M12. This study utilizes both the linear and non-linear autoregressive distributed lag models to evaluate the long-run and the short-run association between EPU and financial innovation; furthermore, the causal effects are investigated by following the non-Granger casualty framework. The results of long-run cointegration, i.e., the test statistics (...) of modified F-test, standard Wald test, and tBDM, reject the null hypothesis and establish the presence of the long-run association between EPU and financial innovation. Conversely, long-run asymmetry cointegration revealed the test statistics of FPSS, WPSS, and tBDM in non-linear estimation. Furthermore, both in the long run and short run, the Wald test results disclose asymmetric effects running from EPU to financial innovation. In regards to the asymmetric impact of EPU on financial innovation, this study documents that the positive and negative shocks in EPU are negatively linked with financial innovation in the long run but are insignificant for short-run effects. Besides, financial innovation measured by R&D investment exhibits a positive linkage with shocks in EPU, implying that uncertainty induces innovation in the economy. Referring to causality effects, this study divulges the feedback hypothesis, i.e., bidirectional causality prevails between EPU and financial innovation in all sample countries. (shrink)

We empirically analyze the impact of economic uncertainty due to the COVID-19 pandemic on the trading volume of each sector in the S&P 500 index. Wavelet coherence analysis is carried out using economic policy uncertainty data and the trading volume of each sector in the S&P 500 index from July 2004 to September 2020. Furthermore, we apply multifractal detrended fluctuation analysis to the trading volume series of all sectors. The wavelet coherence analysis shows that the COVID-19 pandemic (...) has substantially influenced trading volume in all sectors. However, the impact of the pandemic is different from that during the global financial crisis in some sectors, such as information technology, consumer discretionary, and communication services. Because of the lockdown taken to suppress COVID-19, increased remote working and remote learning are the main reasons for these results. Additionally, according to the MF-DFA analysis, the trading volume of all the sectors has clear multifractal characteristics, and they are all nonpersistent. Specifically, trading volumes of the real estate and materials sector are highly correlated, whereas the trading volumes of industry and information technology sectors are comparatively less correlated. (shrink)

In this paper, we investigate the impact of economic policy uncertainty on the conditional dependence between China and U.S. stock markets by employing the Copula-mixed-data sampling framework. In the case of EPU, we consider the global EPU, the American EPU, and the China EPU. The empirical analysis based on the Shanghai Stock Exchange Composite index in China and the S&P 500 index in the U.S. shows that the tail dependence between China and U.S. stock markets is symmetrical, and (...) the t Copula outperforms alternative Copulas in terms of in-sample goodness of fit. In particular, we find that the t Copula-MIDAS model with EPU dominates the traditional time-varying t Copula in terms of in-sample fitting. Moreover, we observe that both the GEPU and AEPU have a significantly positive impact on the conditional dependence between China and U.S. stock markets, whereas CEPU has no significant impact. The tail dependence between China and U.S. stock markets exhibits an increasing trend, particularly in the recent years. (shrink)

This article argues that, in public and policy contexts, the ways in which many scientists talk about uncertainty in simulations of future climate change not only facilitates communications and cooperation between scientific and policy communities but also affects the perceived authority of science. Uncertainty tends to challenge the authority of chmate science, especially if it is used for policy making, but the relationship between authority and uncertainty is not simply an inverse one. In (...) class='Hi'>policy contexts, many scientists are compelled to talk about uncertainty but do not wish to imply that uncertainty is a serious challenge to the authority of scientific knowledge or to its substantial use in policy making. "Boundary-ordering devices, " the contextual discursive attempts to reconcile uncertainty and authority in science, depend critically for their success on their "dual" interpretation: at a general level across a boundary and differently on either side of it. The authors empirically identify a range of such boundary-ordering devices in the climate field. (shrink)

This book explains the notational system NUSAP (Numeral, Unit, Spread, Assessment, Pedigree) and applies it to several examples from the environmental sciences.

In some severely uncertain situations, exemplified by climate change and novel pandemics, policymakers lack a reasoned basis for assigning probabilities to the possible outcomes of the policies they must choose between. I outline and defend an uncertainty averse, egalitarian approach to policy evaluation in these contexts. The upshot is a theory of distributive justice which offers especially strong reasons to guard against individual and collective misfortune.

A question at the intersection of scientific modeling and public choice is how to deal with uncertainty about model predictions. This "high-level" uncertainty is necessarily value-laden, and thus must be treated as irreducibly subjective. Nevertheless, formal methods of uncertainty analysis should still be employed for the purpose of clarifying policy debates. I argue that such debates are best informed by models which integrate objective features with subjective ones. This integrated subjectivism is illustrated with a case study (...) from the literature on monetary policy. The paper concludes with some morals for the use of models in determining climate policy. (shrink)

In this paper, I contend that the uncertainty faced by policy-makers in the COVID-19 pandemic goes beyond the one modelled in standard decision theory. A philosophical analysis of the nature of this uncertainty could suggest some principles to guide policy-making.

The Argument from Uncertainty in the abortion debate is the argument that because the moral status of the fetus is uncertain, abortion policies should afford it maximum protection in order to avoid doing very great evil. Three versions of the argument are developed, and each is based upon an unfounded assumption of a burden of proof in the abortion debate. Each is found to make an unwarranted assumption, or to beg the question, and each fails to provide reasonable support (...) for its conclusion. (shrink)

[Dissertation summary] When performing intertemporal cost-benefit analyses of policies, both in terms of climate change and other long-term problems, the discounting problem becomes critical. The question is how to weight intertemporal costs and benefits to generate present value equivalents. This thesis argues that those best placed to answer the discounting problem are domain experts, not moral philosophers or the public at large. It does this by arguing that the discounting problem is a special case of an interesting class of problems, (...) those which are both what I call morally complex and quantitative. [Open access]. (shrink)

ABSTRACTThe financial crisis of 2008 was unforeseen partly because the academic theories that underpin policy making do not sufficiently account for uncertainty and complexity or learned and evolved human capabilities for managing them. Mainstream theories of decision making tend to be strongly normative and based on wishfully unrealistic “idealized” modeling. In order to develop theories of actual decision making under uncertainty, we need new methodologies that account for how human actors often manage uncertain situations “well enough.” Some (...) possibly helpful methodologies, drawing on digital science, focus on the role of emotions in determining people's choices; others examine how people construct narratives that enable them to act; still others combine qualitative with quantitative data. (shrink)

As corporate social responsibility involves a voluntary business endeavour to address social and environmental issues beyond legal compliance, governments cannot fall back on hierarchical command-and-control policies to support it. As such, it is complementary with the increasing popularity of public policies known as New Governance policies, where the government is engaged in a horizontal inter-organizational network of societal actors and where public policy is both formed and executed by the interacting and voluntary efforts from a multitude of stakeholders. However, (...) such policies are known to generate substantive uncertainty about the content of CSR and its related issues, strategic uncertainty regarding the behavior of the actors involved and institutional uncertainty related to the interaction process involved in the institutional change. We explore New Governance policy instruments to address these uncertainties in the context CSR and discuss the experiences with these methods in the European Union. (shrink)

While the foundations of climate science and ethics are well established, fine-grained climate predictions, as well as policy-decisions, are beset with uncertainties. This chapter maps climate uncertainties and classifies them as to their ground, extent and location. A typology of uncertainty is presented, centered along the axes of scientific and moral uncertainty. This typology is illustrated with paradigmatic examples of uncertainty in climate science, climate ethics and climate economics. Subsequently, the chapter discusses the IPCC’s preferred way (...) of representing uncertainties and evaluates its strengths and weaknesses from a risk management perspective. Three general strategies for decision-makers to cope with climate uncertainty are outlined, the usefulness of which largely depends on whether or not decision-makers find themselves in a context of deep uncertainty. The chapter concludes by offering two recommendations to ease the work of policymakers, faced with the various uncertainties engrained in climate discourse. (shrink)

​This book describes argumentative tools and strategies that can be used to guide policy decisions under conditions of great uncertainty. Contributing authors explore methods from philosophical analysis and in particular argumentation analysis, showing how it can be used to systematize discussions about policy issues involving great uncertainty. The first part of the work explores how to deal in a systematic way with decision-making when there may be plural perspectives on the decision problem, along with unknown consequences (...) of what we do. Readers will see how argumentation tools can be used for prioritizing among uncertain dangers, for determining how decisions should be framed, for choosing a suitable time frame for a decision, and for systematically choosing among different decision options. Case studies are presented in the second part of the book, showing argumentation in practice in the areas of climate geoengineering, water governance, synthetic biology, nuclear waste, and financial markets. In one example, argumentation analysis is applied to proposals to solve the climate problem with various technological manipulations of the natural climate system, such as massive dispersion of reflective aerosols into the stratosphere. Even after a thorough investigation of such a proposal, doubt remains as to whether all the potential risks have been identified. In such discussions, conventional risk analysis does not have much to contribute since it presupposes that the risks have been identified, whereas the argumentative approach to uncertainty management can be used to systematize discussions. (shrink)

Decisions where there is not enough information for a well-informed decision due to unidentified consequences, options, or undetermined demarcation of the decision problem are called decisions under great uncertainty. This paper argues that public policy decisions on _how_ and _if_ to implement decision-making processes based on machine learning and AI for public use are such decisions. Decisions on public policy on AI are uncertain due to three features specific to the current landscape of AI, namely (i) the (...) vagueness of the definition of AI, (ii) uncertain outcomes of AI implementations and (iii) pacing problems. Given that many potential applications of AI in the public sector concern functions central to the public sphere, decisions on the implementation of such applications are particularly sensitive. Therefore, it is suggested that public policy-makers and decision-makers in the public sector can adopt strategies from the argumentative approach in decision theory to mitigate the established great uncertainty. In particular, the notions of framing and temporal strategies are considered. (shrink)

This chapter examines two approaches to climate policy: expected utility calculations and a precautionary approach. The former provides the framework for attempts to calculate the social cost of carbon. The latter approach has provided the guiding principle for the United Nations Conference of Parties from the 1992 Rio Declaration to the Paris Agreement. The chapter argues that the deep uncertainties concerning the climate system and climate damages make the exercise of trying to calculate a well-supported value for the SCC (...) impossible. Moreover, cost-benefit analyses are blind to important moral dimensions of the climate problem. Yet it is an open question to what extent an alternative, precautionary approach can result in specific policy recommendations such as the temperature targets of the Paris agreement. (shrink)

This is a brief letter outlining speculative ideas for semantic web reasoning about information assurance. Much work has been done on the development of semantic web applications for reasoning about information assurance. A significant portion of this work is focused upon semantic web ontologies and reasoning about security policies and the underlying implementation of those policies. While numerous semantic web-based security policy ontologies and reasoners exist, both academically and commercially, I will briefly focus on ideas related to solutions to (...) the problem of managing semantic web rules using algorithmic information theory. (shrink)

From the O.J. Simpson verdict to peace-making in the Balkans, the critical role of human judgement--complete with its failures, flaws, and successes--has never been more hotly debated and analyzed than it is today. This landmark work examines the dynamics of judgement and its impact on events that take place in human society, which require the direction and control of social policy. Research on social policy typically focuses on content. This book concentrates instead on the decision-making process itself. Drawing (...) on 50 years of empirical research in decision theory, Hammond examines the possibilities for wisdom and cognitive competence in the formation of social policies, and applies these lessons to specific examples, such as the space shuttle Challenger disaster and the health care debate. Uncertainly, he tells us, can seldom be fully eliminated; thus error is inevitable, and injustice for some unavoidable. But the capacity for make wise judgments increases to the extent that we understand the potential pitfalls and their origin. The judgment process for example involves an ongoing rivalry between intuition and analysis, accuracy and rationality. The source of this tension requires an examination of the evolutionary roots of human judgement and how these fundamental features may be changing as our civilization increasingly becomes an information and knowledge-based society. With numerous examples from law, medicine, engineering, and economics, the author dramatizes the importance of judgment and its role in the formation of social policies which affect us all, and issues the first comprehensive examination of its underlying dynamics. (shrink)

From the O.J. Simpson verdict to peace-making in the Balkans, the critical role of human judgement--complete with its failures, flaws, and successes--has never been more hotly debated and analyzed than it is today. This landmark work examines the dynamics of judgement and its impact on events that take place in human society, which require the direction and control of social policy. Research on social policy typically focuses on content. This book concentrates instead on the decision-making process itself. Drawing (...) on 50 years of empirical research in decision theory, Hammond examines the possibilities for wisdom and cognitive competence in the formation of social policies, and applies these lessons to specific examples, such as the space shuttle Challenger disaster and the health care debate. Uncertainly, he tells us, can seldom be fully eliminated; thus error is inevitable, and injustice for some unavoidable. But the capacity for make wise judgments increases to the extent that we understand the potential pitfalls and their origin. The judgment process for example involves an ongoing rivalry between intuition and analysis, accuracy and rationality. The source of this tension requires an examination of the evolutionary roots of human judgement and how these fundamental features may be changing as our civilization increasingly becomes an information and knowledge-based society. With numerous examples from law, medicine, engineering, and economics, the author dramatizes the importance of judgment and its role in the formation of social policies which affect us all, and issues the first comprehensive examination of its underlying dynamics. (shrink)

Uncertainty for policy makers is not new but the pressure to make decisions under conditions of uncertainty is perhaps greater than ever. The arrival of new scientific developments such as pharmacogenetics offers potentially great benefits . They have passionate supporters as well as doubters. The evidence is often extensive but unclear and policy makers may find themselves under pressure to make decisions before they feel that the evidence is compelling.The UK is particularly well placed to play (...) a leading role in the development of pharmacogenetics and is equally well placed to derive the benefits to both health and wealth that could flow from this. However, the uncertainties threaten to overwhelm the capacity of policy makers to act effectively. The uncertainties are both about the context within which the science and delivery of pharmacogentics is being developed and about the interests that could be served. This paper maps these uncertainties and concludes with some suggestions, drawing on deliberative democracy and futures thinking, as to how policy makers might manage the tensions and dilemmas they face by moving from an unstable, emergent policy arena to a more stable one. (shrink)

While the foundations of climate science and ethics are well established, fine-grained climate predictions, as well as policy-decisions, are beset with uncertainties. This chapter maps climate uncertainties and classifies them as to their ground, extent, and location. A typology of uncertainty is presented, centered along the axes of scientific and moral uncertainty. This typology is illustrated with paradigmatic examples of uncertainty in climate science, climate ethics, and climate economics. The chapter discusses the IPCC’s preferred way of (...) representing uncertainties and evaluates its strengths and weaknesses from a risk management perspective. Three general strategies for decision-makers to cope with climate uncertainty are outlined, the usefulness of which largely depends on whether decision-makers find themselves in a context of “deep uncertainty.” The chapter concludes that various uncertainties engrained in climate discourse cannot be overcome. It offers two recommendations to ease the work of policymakers, given this predicament. (shrink)

Policy-makers face an uncertain world. One way of getting a handle on decision-making in such an environment is to rely on evidence. Despite the recent increase in post-fact figures in politics, evidence-based policymaking takes centre stage in policy-setting institutions. Often, however, policy-makers face large volumes of evidence from different sources. Robustness analysis can, prima facie, handle this evidential diversity. Roughly, a hypothesis is supported by robust evidence if the different evidential sources are in agreement. In this thesis, (...) I strengthen the case for the use of robustness analysis in evidence-based policymaking by answering open research questions about this inference technique. First, I argue that existing taxonomies miss a fruitful category of robustness reasoning, that is predictive stability. Second, I claim that derivational robustness analysis – the investigation of whether the results of different models are in agreement – can yield interesting insights even if not the entire relevant model space is covered by available models or if the model results are only partially in agreement. Third, I claim that expert knowledge is necessary to address questions that arise when one applies measurement robustness analysis – the investigation into whether multiple means of measurement yield the same result. Finally, I argue that, in situations where evidence from different measurements is not in agreement, it can be advisable to no longer take all of the evidence into account. This can be done in a rationally defensible way by choosing the most adequate theory or model underlying parts of the evidence set. I discuss examples from climate, medical, and economic policy-making to establish my claims. (shrink)

This paper discusses ethical issues surrounding Integrated Assessment Models (IAMs) of the economic effects of climate change, and how climate economists acting as policy advisors ought to represent the uncertain possibility of catastrophe. Some climate economists, especially Martin Weitzman, have argued for a precautionary approach where avoiding catastrophe should structure climate economists’ welfare analysis. This paper details ethical arguments that justify this approach, showing how Weitzman’s “fat tail” probabilities of climate catastrophe pose ethical problems for widely used IAMs. The (...) main claim is that economists who ignore or downplay catastrophic risks in their representations of uncertainty likely fall afoul of ethical constraints on scientists acting as policy advisors. Such scientists have duties to honestly articulate uncertainties and manage (some) inductive risks, or the risks of being wrong in different ways. (shrink)

E-cigarettes, sometimes referred to as ENDS, include a broad range of products that deliver nicotine via heating and aerosolization of the drug. ENDS come in a variety of forms, but regardless of form generally consist of a solution containing humectant, flavorings, and usually nicotine ; a battery-powered coil that heats the solution into an aerosol in an atomizing chamber; and a mouthpiece through which the user draws the vapor into the mouth and lungs. The devices may be closed systems containing (...) prefilled cartridges, or open systems, where the user manually refills a 1-2 ml. tank with solution. What started as closed-system cigarette-shaped devices marketed as an adjunct for smoking cessation, has transitioned rapidly to literally thousands of hip and funky-designed open-system hookah pens, vape pens, and modifiable devices. For younger people, these forms are the “in” thing, while traditional cigarette-shaped devices are “out.”. (shrink)

Climate change is a pressing phenomenon with huge potential ethical, legal and social policy implications. Climate change gives rise to intricate moral and policy issues as it involves contested science, uncertainty and risk. In order to come to scientifically and morally justified, as well as feasible, policies, targeting climate change requires an interdisciplinary approach. This special issue will identify the main challenges that climate change poses from social, economic, methodological and ethical perspectives by focusing on the complex (...) interrelations between uncertainty, values and policy in this context. This special issue brings together scholars from economics, social sciences and philosophy in order to address these challenges. (shrink)

It is now more than a decade since the release of the Royal Society and Royal Academy of Engineering’s seminal report on nanosciences and nanotechnologies. The report, for the first time, brought together the spectrum of scientific and societal issues underpinning the emergence of the technology. In articulating 21 recommendations, the RA/RAEng provided the United Kingdom Government—and others—with an agenda on how they could, and should, deal with the disparate aspects of the technology. The report provides a baseline to measure (...) progress against. By focusing on the eight recommendations that dealt specifically with regulation and governance, I reflect on the extent, and nature, of this progress; identify key actors in shaping the evolving governance framework; and, importantly, distinguish areas where progress appears to have lagged. (shrink)

An important epistemic issue in climate modelling concerns structural uncertainty: uncertainty about whether the mathematical structure of a model accurately represents its target. How does structural uncertainty affect our knowledge and predictions about the climate? How can we identify sources of structural uncertainty? Can we manage the effect of structural uncertainty on our knowledge claims? These are some of the questions that an epistemology of structural uncertainty faces, and these questions are also important for (...) climate scientists and policymakers. I develop three desiderata for an epistemological account of structural uncertainty. In my view, an account of structural uncertainty should identify sources of structural uncertainty, explain how these sources limit the applicability of a model, and show how the severity of structural uncertainty depends on the questions that can be asked of a model. I argue that analyzing structural uncertainty by paying attention to the details of model building can satisfy these desiderata. I focus on parametrizations, which are representations of important processes occurring at scales that are not resolved by climate models. Parametrizations are often thought to be ad-hoc, but I show that some important parametrizations are theoretically justified by explicit or implicit scale separation assumptions. These assumptions can also be supported empirically. Analyzing these theoretical and empirical justificatory roles of the scale separation assumptions can provide insights into how parametrizations contribute to structural uncertainty. I conclude by sketching how my approach can satisfy the desiderata I set out at the beginning, highlighting its importance for policy-relevant scientific statements about the climate. (shrink)

Like all human activities, scientific research is infused with values. Scientific discovery can, for example, be valued as an end in itself. The phrase ethical values is an umbrella term for much of what people care about aside from knowledge for its own sake. Ethical values encompass reasons for caring about the harms caused by climate impacts or the injustice of how those harms are distributed. The closer that research gets to informing real-world actions, the more the design of that (...) research can be examined from the perspective of ethical values. Which societal challenges does the research aim to inform? From whose perspective does a policy analysis view potential outcomes? In this chapter we use a series of examples to illustrate how researchers’ choices regarding the treatment of uncertainties can have important consequences from the perspective of ethical values. Our aims in this chapter are: to familiarize readers with the key concept of coupled ethical–epistemic choices; to build capacity for recognizing such choices within the treatment of uncertainties; to encourage engagement with ethical values as a part of climate change research; and to offer some guidance on how to start doing so. (shrink)

Decision-makers face severe uncertainty when they are not in a position to assign precise probabilities to all of the relevant possible outcomes of their actions. Such situations are common—novel medical treatments and policies addressing climate change are two examples. Many decision-makers respond to such uncertainty in a cautious manner and are willing to incur a cost to avoid it. There are good reasons for taking such an uncertainty-averse attitude to be permissible. However, little work has been done (...) to incorporate it into an egalitarian theory of distributive justice. We aim to remedy this lack. We put forward a novel, uncertainty-averse egalitarian view. We analyse when the aims of reducing inequality and limiting the burdens of severe uncertainty are congruent and when they conflict, and highlight practical implications of the proposed view. We also demonstrate that if uncertainty aversion is permissible, then utilitarians must relinquish a favourite argument against egalitarianism. (shrink)

In this paper, wavelet coherences and quantile autoregressive distributed lag approaches are used to study the effect of economic policy uncertainty, infectious disease EMV tracker, and implied volatility on illiquidity during the tranquil and COVID-19 epidemic periods in the US financial market. Our results show that lagged EPU, current VIX, and lagged VIX positively affect illiquidity during the calm period, while the lagged EPU and current VIX decrease illiquidity during the pandemic period. Furthermore, infectious diseases in the financial (...) market during the pandemic crisis play a significant role in instantaneously improving liquidity, while it was not significant during the tranquil period. Similarly, we suggest that with the combined effect of the EPU and the VIX, the uncertainty caused by implied volatility decreases liquidity in a lagged and contemporaneous manner, while an improvement in liquidity is revealed in the case of the EPU. (shrink)

In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots (...) of this short-sighted view are found in primitive mechanical models of relationships in the empirical and social world – those of objective causality and determinism. Insofar as it is believed that if we had sufficient data a clear and unequivocal answer would be available to each question, admission of uncertainty is seen as a sign of insufficiency, incompetence, impotence, and is avoided whenever a decision that must be seen to be based on valid reasons, cannot be avoided. Avoidance of some decisions, duplicity in others, is the result. -/- Decision-making must be restructured to recognize the provisional and context-bound validity and relevance of the models we use to conceptualize and order our understanding of phenomena, and to utilize this awareness as an instrument in the production of legal policies and decisions that will be authoritative precisely because they are honestly accurate and socially responsible. The paper makes a start on such a re-structuring of the legal process by exploring the implications of the observation that if law is to be “just”: 1) legal policy must be based on accurate information and rationally related to social goals; and 2) decisions applying policy to individual fact situations must be based on assumptions that are both relevant and accurate. -/- Reasons for determinations of fact must be given, otherwise the presumption that the trier of fact is “reasonable” is an unconditional licence to use private modes of logic and theories of social and natural science. What is not disclosed cannot be challenged on grounds of invalidity or irrelevance. Use of “objective validity” as a standard to evaluate conclusions made by the trier of fact in contentious cases would only serve to beg all important questions by concealing: 1) fundamental normative conflict, and 2) the limited nature and applicability of many validity claims. -/- Our use of the phrases “undue risk,” “public interest,” “reasonable,” and “necessary,” reflects the weight we choose to give conflicting social values and goals when we must make decisions in relative ignorance of all the consequences. “Objective criteria” are of limited utility in legal decision-making because their social meaning is derivative. Policy generation in the absence of any coherent conceptual-normative framework, use of vague terminology in legislation stating policy, and the absence of rational means to distinguish between individual cases to which decision-makers are required by law to apply policy, make it inevitable that many legal “decisions” made in the guise of determinations of objective fact, are charades, an arbitrary, capricious, intuitive, subjective (and thus private) use of public decision-making power. -/- Law must alter its aspirations and recognize that rational decision-making is a process that can occur only within parameters set by present knowledge and societal preference structures. Only by working with the constraints imposed by these parameters is it possible to achieve “just” decisions. Where no rational basis for differentiating cases exists, “individualized justice” must be avoided and public policy articulated in law applied uniformly to all cases in a class. The terms “reasonable” and “necessary,” used to describe policy and its consequences for specific cases, must be understood to represent provisional societal assessments, attempts to implement societal preference structures in the face of limited knowledge. Heightened awareness of the limited nature of our knowledge can only result in legal policies that have a more explicit normative basis. (shrink)

It is widely accepted that a liberal state has a general duty to protect its people from undue health risks. However, the unprecedented emergent measures against the COVID-19 pandemic taken by governments worldwide give rise to questions regarding the extent to which this duty may be used to justify suspending a vaccine rollout on marginal safety grounds. -/- In this chapter, I use the case of vaccination to argue that while a liberal state has a general duty to protect its (...) people’s health, there is a limit to the measures this duty can be used to justify. First, I argue that since every available option involves different risks and benefits, the incommensurability of the involved risks and benefits forbids the prioritisation of a particular vaccine. Second, I argue that given epistemic limitations and uncertainty, policies that favour certain vaccines are not only epistemically ill-founded but also morally unacceptable. I conclude that in a highly uncertain situation such as the unfolding pandemic, the duty a liberal state ought to uphold is to properly communicate the knowns and unknowns to the general public and help people decide which option to choose for themselves. I call this duty the duty to facilitate risk-taking. (shrink)

Using climate policy debates as a case study, I argue that a certain response to the argument from inductive risk, the hedging defense, runs afoul of a reasonable ethical principle: the no-passing-...

When it comes to climate change, the greatest difficulty we face is that we do not know the likely degree of change or its cost, which means that environmental policy decisions have to be made under uncertainty. This book offers an accessible philosophical treatment of the broad range of ethical and policy challenges posed by climate change uncertainty. Drawing on both the philosophy of science and ethics, Martin Bunzl shows how tackling climate change revolves around weighing (...) up our interests now against those of future generations, which requires that we examine our assumptions about the value of present costs versus future benefits. In an engaging, conversational style, Bunzl looks at questions such as our responsibility towards non-human life, the interests of the developing and developed worlds, and how the circumstances of poverty shape the perception of risk, ultimate developing and defending a view of humanity and its place in the world that makes sense of our duty to Nature without treating it as a rights bearer. This book will be of interest to students and scholars of environmental studies, philosophy, politics and sociology as well as policy makers. (shrink)

This book is an extensive survey and critical examination of the literature on the use of expert opinion in scientific inquiry and policy making. The elicitation, representation, and use of expert opinion is increasingly important for two reasons: advancing technology leads to more and more complex decision problems, and technologists are turning in greater numbers to "expert systems" and other similar artifacts of artificial intelligence. Cooke here considers how expert opinion is being used today, how an expert's uncertainty (...) is or should be represented, how people do or should reason with uncertainty, how the quality and usefulness of expert opinion can be assessed, and how the views of several experts might be combined. He argues for the importance of developing practical models with a transparent mathematic foundation for the use of expert opinion in science, and presents three tested models, termed "classical," "Bayesian," and "psychological scaling." Detailed case studies illustrate how they can be applied to a diversity of real problems in engineering and planning. (shrink)

Uncertainty is interwoven into human existence. It is a powerful incentive in the search for knowledge and an inherent component of scientific research. We have developed many ways of coping with uncertainty. We make promises, manage risks and make predictions to try to clear the mists and predict ahead. But the future is inherently uncertain - and the mist that shrouds our path an inherent part of our journey. The burning question is whether our societies can face up (...) to uncertainty, learn to embrace it and whether we can open up to a constantly evolving future. In this new book, Helga Nowotny shows how research can thrive at the cusp of uncertainty. Science, she argues, can eventually transform uncertainty into certainty, but into certainty which remains always provisional. Uncertainty is never completely static. It is constantly evolving. It encompasses geological time scales and, at the level of human experience, split-second changes as cells divide. Life and death decisions are taken in the blink of the eye, while human interactions with the natural environment may reveal their impact over millennia. Uncertainty is cunning. It appears at unexpected moments, it shuns the straight line, takes the oblique route and sometimes the unexpected short-cut. As we acknowledge the cunning of uncertainty, its threats retreat. We accept that any scientific inquiry must produce results that are provisional and uncertain. This message is vital for politicians and policy-makers: do not be tempted by small, short-term, controllable gains to the exclusion of uncertain, high-gain opportunities. Wide-ranging in its use of examples and enriched by the author’s experience as President of the European Research Council, one of the world’s leading funding organisations for fundamental research. The Cunning of Uncertainty is a must-read for students and scholars of all disciplines, politicians, policy-makers and anyone concerned with the fundamental role of knowledge and science in our societies today. (shrink)

A number of the men who would become the 9/11 hijackers were stopped for minor traffic violations. They were pulled over by police officers for speeding or caught by random inspection without a driver’s license. For United States government commissions and the press, these brushes with the law were missed opportunities. For some police officers though, they were of personal and professional significance. These officers replayed the incidents of contact with the 19 men, which lay bare the uncertainty of (...) every encounter, whether a traffic stop, or with someone taking photos of a landmark. Representatives from law enforcement began to design policies to include local police in national intelligence, with the idea of capitalizing on what patrol officers already do in dealing with the general public. Several initiatives were launched, among these, the Suspicious Activity Reporting Initiative. Routine reporting of suspicious activity was developed into steps for gathering, assessing and sharing terrorism-related information with a larger law enforcement and intelligence network. Through empirical analysis of counterterrorism efforts and recent scholarship on it, this chapter discusses prevention, preemption, and anticipation as three technologies of security, focusing on how each deals with uncertainty. The Suspicious Activity Reporting Initiative, this analysis suggests, is an anticipatory technology which constitutes police officers and intelligence analysts as subjects who work in a mode of uncertainty. (shrink)