Responses to the COVID-19 pandemic have been widely criticized for being too delayed and indecisive. As a result, the precautionary principle has been endorsed, applauded, and proposed to guide future responses to global public health emergencies. Drawing from controversial issues in response to COVID-19, especially in Vietnam, this paper critically discusses some key ethical and legal issues of employing the precautionary principle in public health emergencies. Engaging with discussions concerning this principle, especially in environmental law where the (...) class='Hi'>precautionary principle first appeared as a guiding principle with objective content(s), this paper formulates the precautionary principle as ‘in dubio pro salus’, which is about advising, justifying and demanding states to proactively prepare for scenarios arising out of any public health emergency. It distinguishes the precautionary principle into moderate and hard versions. A moderate version largely takes a holistic approach and fulfils a series of criteria specified in this paper, while a hard version either permits restrictive measures to be deployed primarily on a hypothetic basis or expresses an instrumental mentality. The hard version should be rejected because of the ethical and legal problems it raises, including risk-risk tradeoffs, internal paradoxes, unjustified causing of fear and unreasonable presupposition. Ultimately, this paper defends the moderate version. (shrink)

As it becomes more and more doubtful that the international community will take adequate steps to mitigate climate change, interest has grown in the possibility of engineering earth’s climate to prevent catastrophic levels of warming. Unfortunately, geoengineering schemes have the potential to create grave, unintended consequences. This paper explores the extent to which the precautionary principle (PP), which was developed as a guideline for responding to uncertainty in the policy sphere, can provide guidance for responding to the potential benefits (...) and hazards associated with geoengineering. The paper argues that there are so many different versions of the precautionary principle and so many potential strategies for geoengineering that there cannot be any single, simple relationship between the two. Nevertheless, it is possible to identify a set of lessons that many versions of the PP suggest for those considering geoengineering proposals. Moreover, examination of the geoengineering case provides an opportunity to reflect on a range of important situations—what this paper will call self-defeating scenarios—in which most versions of the PP provide limited guidance compared to other ethical principles. (shrink)

It is sometimes suggested that new research in such areas as artificial intelligence, nanotechnology and genetic engineering should be halted or otherwise restricted because of concerns about possible catastrophic scenarios. Proponents of such restrictions typically invoke the precautionary principle, understood as a tool of policy formulation, as part of their case. Here I examine the application of the precautionary principle to possible catastrophic scenarios. I argue, along with Sunstein (Risk and Reason: Safety, Law and the Environment. Cambridge University (...) Press, Cambridge, 2002) and Manson (Environmental Ethics, 24: 263–274, 2002), that variants of the precautionary principle that appear strong enough to support significant restrictions on future technologies actually lead to contradictory policy recommendations. Weaker versions of the precautionary principle, which do not have this feature, do not appear strong enough to support restrictions on future technologies. (shrink)

The precautionary principle may offer an appropriate framework for conducting in‐depth participatory technology assessment (PTA)‐type evaluations. It also holds considerable promise for responsible research and innovation (RRI). The precautionary principle is made up of several different elements and principles. This chapter considers these components, noting from the outset that they relate essentially to scientific evaluation. Probabilities are not particularly helpful in the context of the precautionary principle due to the levels of uncertainty with regard to knowledge of (...) phenomena. In this context, various forms of scenarios, narratives and unjustified inferences are particularly relevant. The chapter also considers more precise ways of identifying decision pathways in uncertain situations, where there is a risk of causing serious and/or irreversible damage, to use the terms given in various definitions of the precautionary principle. This decision can be made using: a utility‐based criterion, right‐based criteria, technology‐based criteria, and hybrid criteria. (shrink)

As climate policy decisions are decisions under uncertainty, being based on a range of future climate change scenarios, it becomes a crucial question how to set up this scenario range. Failing to comply with the precautionary principle, the scenario methodology widely used in the Third Assessment Report of the International Panel on Climate Change (IPCC) seems to violate international environmental law, in particular a provision of the United Nations Framework Convention on Climate Change. To place climate policy (...) advice on a sound methodological basis would imply that climate simulations which are based on complex climate models had, in stark contrast to their current hegemony, hardly an epistemic role to play in climate scenario analysis at all. Their main function might actually consist in ‘foreseeing future ozone-holes’. In order to argue for these theses, I explain first of all the plurality of climate models used in climate science by the failure to avoid the problem of underdetermination. As a consequence, climate simulation results have to be interpreted as modal sentences, stating what is possibly true of our climate system. This indicates that climate policy decisions are decisions under uncertainty. Two general methodological principles which may guide the construction of the scenario range are formulated and contrasted with each other: modal inductivism and modal falsificationism. I argue that modal inductivism, being the methodology implicitly underlying the third IPCC report, is severely flawed. Modal falsificationism, representing the sound alternative, would in turn require an overhaul of the IPCC practice. (shrink)

This paper examines the issue of acid mine drainage in South Africa and environmental decision making processes that could be taken to mitigate the problem in the context of both conventional risk assessment and the precautionary principle. It is argued that conventional risk assessment protects the status quo and hence cannot be entirely relied upon as an effective tool to resolve environmental problems in the context of South Africa, a developing country with complex environmental health concerns. The complexity of (...) the environmental issues is discussed from historical and political perspectives. An argument is subsequently made that the precautionary principle is an alternative tool, and its adoption can be used to empower local communities. This work, therefore, adds to new knowledge by problematising conventional risk assessment and proposing the framing of the acid mine drainage issues in a complex and contextual scenario of a developing country—South Africa. (shrink)

Most current techniques to deal with invasive species are ineffective or have highly damaging side effects. To this end suppression-drives based on clustered regularly inter-spaced short palindromic repeats (CRISPR/Cas9) have been touted as a potential silver bullet for the problem, allowing for a highly focused, humane and cost-effective means of removing a target species from an environment. Suppression-drives come with serious risks, however, such that the precautionary principle seems to warrant us not deploying this technology. The focus of this (...) paper is on one such risk – the danger of a suppression-drive escaping containment and wiping out the target species globally. Here, I argue that in most cases this risk is significant enough to warrant not using a gene-drive. In some cases, however, we can bypass the precautionary principle by using an approach that hinges on what I term the ‘Worst-Case Clause’. This clause, in turn, provides us with a litmus test that can be fruitfully used to determine what species are viable targets for suppression-drives in the wild. Using this metric in concert with other considerations, I suggest that only three species are currently possible viable targets – the European rabbit, ship rat and Caribbean Tree Frog. (shrink)

The issue of the impact of human activities on the stratospheric ozone layer emerged in the early 1970s. But international regulations to mitigate the most serious effects were not adopted until the mid-1980s. This case holds lessons for addressing more complex environmental problems. Concepts that should inform discussion include “latency,’ ‘counter-factual scenario based on the Precautionary Principle,’ ‘inter-generational burden sharing,’ and ‘estimating global costs under factual and counter-factual regulatory scenarios.’ Stringent regulations were adopted when large scientific uncertainty existed, (...) and the environmental problem would have been prevented or more rapidly mitigated, at relatively modest incremental price, but for a time delay before more rigorous Precautionary measures were implemented. Will history repeat itself in the case of climate change? (shrink)

Globalization focuses on the development of new productive, trade, and economic techniques. However, this process, evolutionary technologically, has involved, paradoxically, an involution in important roles of our political, social, and cultural life, basically, about the misinformation in administrative procedures, the lack of legal security, and an atomization of the individual wills. That’s Ulrich Beck has called “the global risk society”. A society where organized irresponsibility and power relations of some international actors with political and enterprise weight govern important financial and (...) economic resources for their own benefit. “The risk society” has imposed its own political rules of control and loss of control, defining new ways of organization -out of citizens or politicians- governed by those economic forces. In this new scenario, the past does not determine the present events but the future, uncertain and fearsome, makes conditional on the present courses of action. A kind of prevision or precaution on impending disasters determines our future which nowadays does not depend on us but on those in economic and technological control. The new precautionary scenario begins with threats and ends with the demolition of social gains made in recent decades. The outcome of this risk society is the systematic destruction of public values like solidarity, trust, or common good, and their replacement by the primacy of economics over politics and the consideration of the market as the only effective means of allocating resources. Some resources, public in many cases, that are managed in a totally private way, and whose benefits are given up from traditionally considered public goods: education, health care, dwelling, social services, pensions, and indeed justice. Against this, the most consistent solution, most daring and the most difficult passes to reassign new powers to the states, to reinstate the sovereignty of citizens in decisions that affect us, and to share goods and public resources with parameters of ethics and social justice. A task that is not limited to simple political choice of our representatives, but in a personal involvement in all areas of our political, economic and social life. (shrink)

The maximin rule can be used as a formal version of the precautionary principle. This paper evaluates the feasibility and the intuitive plausibility of this decision rule. The major conclusions are: (1) Precaution has to be applied symmetrically. (2) Precaution is only possible when outcomes are comparable in terms of value, so that it can be determined which outcome is worst. (3) Precaution is sensitive to standards of possibility. Far-away scenarios have to be excluded, and it is difficult to (...) find a principled way to draw the line. (4) Precaution is sensitive to the framing of decision problems. Local cautiousness may add up to global incautiousness. (shrink)

Certain ethical views hold that we should pay more attention, even exclusive attention, to the worst-case scenario. Prominent examples include Rawls's Difference Principle and the Precautionary Principle. These views can be anchored in formal principles of decision theory, in two different ways. On the one hand, they can rely on ambiguity-aversion: the idea that we cannot assign sharp probabilities to various scenarios, and that if we cannot assign sharp probabilities, we should decide pessimistically, as if the probabilities are (...) unfavorable. On the other hand, they can rely on risk-avoidance: the idea that we should pay more attention to worse scenarios, even when we can assign sharp probabilities. I distinguish these two foundations. I also show how they can be modified to support versions of these views that pay more but not exclusive attention to worst-case scenarios. Finally, I argue that risk-avoidance provides a superior foundation than ambiguity-aversion for the Difference Principle and the Precautionary Principle; in particular, it correctly identifies which ethical facts should matter to those who champion these principles. (shrink)

Grey zone attacks tend to paralyze response for two reasons. First, they present us with choice scenarios of inherently dilemmatic structure, e.g., Prisoners’ Dilemmas and games of chicken, complicated by difficult conditions of choice, such as choice under risk or amid vagueness. Second, they exploit our uncertainty about how much we do or should care about the things under attack¬—each attack is small in effect, but their effects accumulate: how should we decide whether to treat a given attack as something (...) meriting a serious response rather than a mere irritation to be ignored? This chapter brings standard decision theoretic tools to bear on the issues, tools such as the maximization of expected utility principle, and the precautionary principle. But it also develops three innovations. It shows that seeing it as possible to make choices not just of actions given our values, but also choices of values themselves, can extricate us from certain kinds of decision paralysis. It shows how we can rationally regard ourselves as having bright decision lines even when nothing in the circumstance of choice has these lines in its structure. And it shows how certain conflict escalation risks from the former two strategies can be managed by both parties seeing that cooperation can yield a sharable surplus of goods, and that cooperation can be rational upon a rationally defensible change in their values so that each comes to derive utility from the success of both parties. This yields cooperative solutions to what amount to Prisoners’ Dilemmas. The Cold War was prosecuted on the logic of strategic rationality and that part of game theory that is deterrence theory. We need a new logic from decision theorists for the games that constitute grey zone conflict. (shrink)

Gillon is correct that the four principles provide a sound and useful way of analysing moral dilemmas. As he observes, the approach using these principles does not provide a unique solution to dilemmas. This can be illustrated by alternatives to Gillon’s own analysis of the four case scenarios. In the first scenario, a different set of factual assumptions could yield a different conclusion about what is required by the principle of beneficence. In the second scenario, although Gillon’s conclusion (...) is correct, what is open to question is his claim that what society regards as the child’s best interest determines what really is in the child’s best interest. The third scenario shows how it may be reasonable for the principle of beneficence to take precedence over autonomy in certain circumstances, yet like the first scenario, the ethical conclusion relies on a set of empirical assumptions and predictions of what is likely to occur. The fourth scenario illustrates how one can draw different conclusions based on the importance given to the precautionary principle. (shrink)

Some writers claim that ethicists involved in assessing future technologies like nanotechnology and human enhancement devote too much time to debating issues that may or may not arise, at the expense of addressing more urgent, current issues. This practice has been claimed to squander the scarce and valuable resource of ethical concern. I assess this view, and consider some alternatives to ‘speculative ethics’ that have been put forward. I argue that attempting to restrict ethical debate so as to avoid considering (...) unacceptably speculative scenarios would not only leave scientific progress devoid of ethical guidance, but would also rule out some of our most important ethical projects. I conclude that the issue of speculation is a red herring: what is most important is not that ethicists concentrate on current issues or those that are most likely to arise; but that ethicists, scientists, and others focus on maximising what is most valuable. (shrink)

This article focuses on three scenarios in which residual biological materials are turned into research collections during the procedure of procuring these materials for diagnostic, therapeutic or other non-research purposes. These three scenarios differ from each other primarily because they employ different models of consent: (a) precautionary consent, which may be secured during the collecting procedure; (b) the presumed consent model, which may be applied during the collection of materials; and (c) consent for research use of identifiable human biological (...) materials, which may be skipped entirely. These scenarios offer additional sources of biological samples for research purposes and at the same time seem to offer even more flexibility in terms of stringency of consent as compared with the more traditional models of broad consent in prospective research collections and the waiver of consent in retrospective research. Our discussion leads us to think that precautionary consent is preferable to presumed consent and no consent when handling issues of consent in the use of residual human biological materials for research. However, such precautionary consent should not be construed as blanket, unrestricted consent for any future use. (shrink)

When it comes to the public debate about the challenge of global climate change, moral questions are inextricably intertwined with epistemological ones. This manifests itself in at least two distinct ways. First, for a fixed set of epistemic standards, it may be irresponsible to delay policy-making until everyone agrees that such standards have been met. This has been extensively discussed in the literature on the precautionary principle. Second, key actors in the public debate may – for strategic reasons, or (...) out of simple carelessness – engage in the selective variation of epistemic standards in response to evidence that would threaten to undermine their core beliefs, effectively leading to epistemic double standards that make rational agreement impossible. The latter scenario is aptly described as an instance of what Stephen Gardiner calls ‘epistemic corruption’. In the present paper, I aim to give an explanation of the cognitive basis of epistemic corruption and discuss its place within the moral landscape of the debate. In particular, I argue that epistemic corruption often reflects an agent’s attempt to reduce dissonance between incoming scientific evidence and the agent’s ideological core commitments. By selectively discounting the former, agents may attempt to preserve the coherence of the latter, yet in doing so they threaten to damage the integrity of evidence-based deliberation. (shrink)

Information Technology has ushered in not only large societal opportunities but also large uncertain ‐ ties and risks. Future developments, like ubiquitous networked embedded systems, are technologies society may face. Such technologies offer larger opportunities and uncertainties because of their ability to widely distribute power through their small, inexpensive, and ubiquitous characteristics. Many interpretations of how these technologies may develop have been postulated, ranging from the conservative Precautionary Principle, to uncontrolled development leading to “singularity.” With so much uncertainty and (...) so many predictions about the benefits and consequences of these technologies, it is important to raise ethical questions, determine potential scenarios, and try to identify appropriate decision points and stakeholders. Rather than going along an unknown path, perhaps lessons could be learned from recently deployed technologies, such as nuclear technology, that were controversial but offered similarly large potential benefits and risks. The experience of nuclear technology development, with its various successes and failures, is recalled and compared with potential scenarios in the development of networked embedded systems. (shrink)

Recent contributions to discussions on paediatric cochlear implantation in Norway indicate two mutually exclusive doctrines prescribing the best course of post-operative support for a child with cochlear implants; bilingually with sign language and spoken language simultaneously or primarily monolingually with speech only. This conflict constitutes an ethical problem for parents responsible for choosing between one of the two alternatives. This article puts forth the precautionary principle as a possible solution to this problem. Although scientific uncertainty exists in the case (...) of both doctrines, there exists a scenario of possible irreversible harm to some of the children habilitated monolingually. An application of the precautionary principle may hence suggest that it is rational to agree on the bilingual approach, at least for the time-being. (shrink)

The basic idea underlying a precautionary principle is often summarized as “better safe than sorry.” Even if it is uncertain whether an activity will lead to harm, for example, to the environment or to human health, measures should be taken to prevent harm. This demand is partly motivated by the consequences of regulatory practices of the past. Often, chances of harm were disregarded because there was no scientific proof of a causal connection between an activity or substance and chances (...) of harm, for example, between asbestos and lung diseases. When this connection was finally established, it was often too late to prevent severe damage. However, it is highly controversial how the vague intuition behind “better safe than sorry” should be understood as a principle. As a consequence, we find a multitude of interpretations ranging from decision rules over epistemic principles to procedural frameworks. To acknowledge this diversity, it makes sense to speak of precautionary principles (PPs) in the plural. PPs are not without critices. For example, it has been argued that they are paralyzing, unscientific, or promote a culture of irrational fear. This article systematizes the different interpretations of PPs according to their functions, gives an overview about the main lines of argument in favor of PPs, and outlines the most frequent and important objections made to them. (shrink)

The precautionary principle is frequently invoked in environmental law and policy, and the debate around the principle indicates that there is little agreement on what 'taking precautions' means. The purpose of the present paper is to provide an improved conceptual foundation for this debate in the form of an explication of the concept of precaution. Distinctions between precaution and two related concepts, prevention and pessimism, are briefly discussed. The concept of precaution is analysed in terms of precautionary actions. (...) It is argued that precautionary actions are implicitly assumed to be precautionary with respect to something, and that this assumption should be made explicit. A definition of a precautionary action involving three necessary and jointly sufficient conditions (intentionality, uncertainty and reasonableness) is proposed, and the implications of this analysis for the debate on the precautionary principle are discussed. (shrink)

Most life science research entails dual-use complexity and may be misused for harmful purposes, e.g. biological weapons. The Precautionary Principle applies to special problems characterized by complexity in the relationship between human activities and their consequences. This article examines whether the principle, so far mainly used in environmental and public health issues, is applicable and suitable to the field of dual-use life science research. Four central elements of the principle are examined: threat, uncertainty, prescription and action. Although charges against (...) the principle exist – for example that it stifles scientific development, lacks practical applicability and is poorly defined and vague – the analysis concludes that a Precautionary Principle is applicable to the field. Certain factors such as credibility of the threat, availability of information, clear prescriptive demands on responsibility and directives on how to act, determine the suitability and success of a Precautionary Principle. Moreover, policy-makers and researchers share a responsibility for providing and seeking information about potential sources of harm. A central conclusion is that the principle is meaningful and useful if applied as a context-dependent moral principle and allowed flexibility in its practical use. The principle may then inspire awareness-raising and the establishment of practical routines which appropriately reflect the fact that life science research may be misused for harmful purposes. (shrink)

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof (...) for animal sentience. Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a practical framework for implementing it. I explain and defend the key features of this framework, argue that it is well-aligned with current practice in animal welfare science, and consider and reject a number of influential counterarguments to the use of precautionary reasoning in this area. (shrink)

In 1998, Greenpeace, Natuur en Milieu(Nature and Environment), Milieudefensie(Environmental Defense), and the National ConsumersUnion presented a report about the possible risks andhazards associated with pesticide residues on fruitsand vegetables. Although these organizationsexplicitly denied having unassailable evidence on theharmful effects of pesticides, they claimed that bynow there are sufficient indications that pesticidesmay indeed lead to such health hazards. They used anappeal to the so-called precautionary principle tounderpin their claims. The committee officially incharge of deciding on the admission of pesticidesaccused the (...) organizations of scaremongering. Afterdistinguishing three possible versions of theprecautionary principle, we then show that the fourorganizations used in their campaign an improperversion of the precautionary principle to convince thegeneral public. (shrink)

The precautionary principle in public decision making concerns situations where following an assessment of the available scientific information, there are reasonable grounds for concern for the possibility of adverse effects on the environment or human health, but scientific uncertainty persists. In such cases provisional risk management measures may be adopted, without having to wait until the reality and seriousness of those adverse effects become fully apparent. This is the definition of the precautionary principle as operationalized under EU law. (...) The precautionary principle is a deliberative principle. Its application involves deliberation on a range of normative dimensions which need to be taken into account while making the principle operational in the public policy context. Under EU law, any risk management measures to be adopted while implementing the precautionary principle, have to be proportionate to ensure the chosen high level of protection in the European Community. This articlewill illustrate the established practice concerning the release of genetically modified organisms into the environment and how the principle is implemented under hard law. The article also provides an outlook on what this may imply for the relative new case of nanotechnology and the use of precautionary principle within the context of soft law (use of codes of conduct). (shrink)

Should we allocate costly health care to patients diagnosed with disorders of consciousness (DoC), such as patients diagnosed as being in a vegetative state or minimally conscious state? Peterson, Aas, and Wasserman (2021) argue that we should in their paper “What justifies the allocation of health care resources to patients with disorders of consciousness?” Their key insight is that the expected benefits to this patient population helps to justify such allocations. However, their insight is attached to a consequentialist framework aimed (...) at maximizing aggregate social welfare. An alleged virtue of their framework over Braddock’s (2017) approach is their agnosticism about the moral status and rights of DoC patients. In this commentary, however, we argue that their agnosticism is the biggest problem with their approach: failing to treat DoC patients as persons with rights runs the moral risk of violating their rights, which is more serious than the risk of failing to maximize social utility. A better approach that reduces moral risk would incorporate Braddock’s (2017) precautionary presumption of personhood. We should stand in solidarity with DoC patients and treat them as persons with dignity and rights. (shrink)

This book fills a gap in the literature on the Precautionary Principle by placing the principle within the wider context of precautionary reasoning and uses philosophical arguments and case studies to demonstrate when it does—and does not—apply. The book invites the reader to take a step back from the controversy surrounding the Precautionary Principle and consider the overarching rationales for responding to threats to the environment or public health. It provides practical guidance and probing insight for the (...) intended audience, including scholars, students, journalists, and policymakers. (shrink)

In its restless metamorphosis, the environmental movement captures ideas and transforms them into principles, guidelines and points of leverage. Sustainability is one such idea, now being reinterpreted in the aftermath of the 1992 Rio Conference. So too is the precautionary principle. Like sustainability, the precautionary principle is neither a well defined principle nor a stable concept. It has become the repository for a jumble of adventurous beliefs that challenge the status quo of political power, ideology and civil rights. (...) Neither concept has much coherence other than it is captured by the spirit that is challenging the authority of science, the hegemony of cost-benefit analysis, the powerlessness of victims of environmental abuse, and the unimplemented ethics of intrinsic natural rights and inter-generational equity. It is because the mood of the times needs an organising idea that the precautionary principle is getting a fair wind. However, unless its advocates sharpen up their understanding of the term, the precautionary principle may not establish the influence it deserves. Its future looks promising but it is not assured. (shrink)

The precautionary principle is a useful strategy for decision-making when physicians and patients lack evidence relating to the potential outcomes associated with various choices. According to a version of the principle defended here, one should take reasonable measures to avoid threats that are serious and plausible. The reasonableness of a response to a threat depends on several factors, including benefit vs. harm, realism, proportionality, and consistency. Since a concept of reasonableness plays an essential role in applying the precautionary (...) principle, this principle gives physicians and patients a decision-making strategy that encourages the careful weighing and balancing of different values that one finds in humanistic approaches to clinical reasoning. Properly understood, the principle presents a worthwhile alternative to approaches to clinical reasoning that apply expected utility theory to decision problems. (shrink)

Tolerance for blood transfusion risks is very low, as evidenced by the implementation of expensive blood tests and the rejection of gay men as blood donors. Is this low risk tolerance supported by the precautionary principle, as defenders of such policies claim? We discuss three constraints on applying the precautionary principle and show that respecting these implies tolerating certain risks. Consistency means that the precautionary principle cannot prescribe precautions that it must simultaneously forbid taking, considering the harms (...) they might cause. Avoiding counterproductivity requires rejecting precautions that cause more harm than they prevent. Proportionality forbids taking precautions that are more harmful than adequate alternatives. When applying these constraints, we argue, attention should not be restricted to harms that are human caused or that affect human health or the environment. Tolerating transfusion risks can be justified if available precautions have serious side effects, such as high social or economic costs. (shrink)

Law is often linked to ethics and morality. Regulations of genetically modified organisms ensue from a discussion on how well the law is composed to accommodate ethical considerations. The precautionary principle and biotechnology have undeniable moral connotations. Besides, the principle has socio-economic implications. The application of the precautionary principle in plant breeding should be legally justified on the basis of the best available evidence. On the other hand, scientific information cannot provide all the necessary information on which a (...) risk management decision should be based. This article addresses the issue of gap between science, ethics, and socio-economic considerations related to the cultivation and authorisation of GM crops. (shrink)

In its restless metamorphosis, the environmental movement captures ideas and transforms them into principles, guidelines and points of leverage. Sustainability is one such idea, now being reinterpreted in the aftermath of the 1992 Rio Conference. So too is the precautionary principle. Like sustainability, the precautionary principle is neither a well defined principle nor a stable concept. It has become the repository for a jumble of adventurous beliefs that challenge the status quo of political power, ideology and civil rights. (...) Neither concept has much coherence other than it is captured by the spirit that is challenging the authority of science, the hegemony of cost-benefit analysis, the powerlessness of victims of environmental abuse, and the unimplemented ethics of intrinsic natural rights and inter-generational equity. It is because the mood of the times needs an organising idea that the precautionary principle is getting a fair wind. However, unless its advocates sharpen up their understanding of the term, the precautionary principle may not establish the influence it deserves. Its future looks promising but it is not assured. (shrink)

The precautionary principle (PP) is thought by many to be a useful strategy for action and by many others useless at best and dangerous at worst. We argue that it is a coherent and useful principle. We first clarify the principle and then defend it against a number of common criticisms. Three examples from nanotechnology are used; nanoparticles and possible health and environmental problems, grey goo and the potential for catastrophe, and privacy risks generated by nanoelectronics.

When faced with an urgent and credible threat of grave harm, we should take proportionate precautions. This maxim captures the core commitments of the “precautionary principle”. But what is it for a precaution to be “proportionate”? I construct an account of proportionality (the “ARCANE” account) that consists of five fundamental conditions (absolute rights compatibility, reasonable compensation, consistency, adequacy and non- excessiveness) and a tie-breaker (efficiency). I apply this account to two examples from the COVID-19 pandemic (border closures and school (...) closures), arguing that my account captures the key questions on which it is both feasible and important to integrate expert input with democratic input. I close by considering how we might try to manage the risk of future pandemics in a proportionate way. (shrink)

The Precautionary Principle is typically construed as a conservative decision rule aimed at preventing harm. But Martin Peterson (JME 33: 5–10, 2007; The ethics of technology: A geometric analysis of five moral principles, Oxford University Press, Oxford, 2017) has argued that the principle is better understood as an epistemic rule, guiding decision-makers in forming beliefs rather than choosing among possible acts. On the epistemic view, he claims there is a principle concerning expert disagreement underlying precautionary-based reasoning called the (...) ecumenical principle: all expert views should be considered in a precautionary appraisal, not just those that are the most prominent or influential. In articulating the doxastic commitments of decision-makers under this constraint, Peterson precludes any probabilistic rule that might result in combining expert opinions. For combined or consensus probabilities are likely to provide decision-makers with information that is more precise than warranted. Contra Peterson, I argue that upon adopting a broader conception of probability, there is a probabilistic rule, under which expert opinions are combined, that is immune to his criticism and better represents the ecumenical principle. (shrink)

This article confronts growing conservative opposition to abortion based on the claim that abortion is morally equivalent to infanticide. By examining the relationship between moral skepticism and precautionary ethics the article promotes a completely permissive position on abortion from conception to birth while consistently rejecting the possibility that such a position entails permissive implications for infanticide. The article introduces and traces the implicit relationship between moral skepticism, the precautionary principle and political liberalism.

Scholars in philosophy, law, economics and other fields have widely debated how science, environmental precaution, and economic interests should be balanced in urgent contemporary problems, such as climate change. One controversial focus of these discussions is the precautionary principle, according to which scientific uncertainty should not be a reason for delay in the face of serious threats to the environment or health. While the precautionary principle has been very influential, no generally accepted definition of it exists and critics (...) charge that it is incoherent or hopelessly vague. This book presents and defends an interpretation of the precautionary principle from the perspective of philosophy of science, looking particularly at how it connects to decisions, scientific procedures, and evidence. Through careful analysis of numerous case studies, it shows how this interpretation leads to important insights on scientific uncertainty, intergenerational justice, and the relationship between values and policy-relevant science. (shrink)

We provide examples of the extent and nature of environmental and human health problems and show why in the United States prevailing scientific and legal burden of proof requirements usually cannot be met because of the pervasiveness of scientific uncertainty. We also provide examples of how may assumptions, judgments, evaluations, and inferences in scientific methods are value-laden and that when this is not recognized results of studies will appear to be more factual and value-neutral than warranted. Further, we show that (...) there is a "tension" between the use of the 95 percent confidence rule as a normative basis to reduce speculation in scientific knowledge and other public policy and moral concerns embodied by the adoption of a precautionary principle. Finally, although there is no precise agreement regarding what a precautionary principle might entail, we make several recommendations regarding the placement of the burden of proof and the standard of proof that ought to be required in environmental and human health matters. (shrink)

In a recent paper in this journal, Carter and Peterson raise two distinctly epistemological puzzles that arise for anyone aspiring to defend the precautionary principle. The first puzzle trades on an application of epistemic contextualism to the precautionary principle; the second puzzle concerns the compatibility of the precautionary principle with the de minimis rule. In this note, I argue that neither puzzle should worry defenders of the precautionary principle. The first puzzle can be shown to be (...) an instance of the familiar but conceptually harmless challenge of adjudicating between relevant interests to reach assessments of threats when applying the precautionary principle. The second puzzle can be shown to rely on a subtle but crucial misrepresentation of the relevant probabilities at play when applying the precautionary principle. (shrink)

The precautionary principle is an emerging principle of international law but has only recently been proposed in North America as a new basis for environmental policy. On the surface it is a simple, common-sense proposition: in the face of possible harm, exercise precaution. But the enthusiasm the principle has stirred among public advocates suggests it has a deeper appeal. It is, in fact, based on values related to “forecaring for life” and the natural world. The principle cannot effectively be (...) invoked without stating these values up front. The principle makes it clear that decisions and developments in science and technology are based first of all on values and only secondarily on scientific and technological fact and process. Moreover, a precautionary approach is best carried out in the context of goals that embody the values of communities and societies. (shrink)

The precautionary principle (PP) aims to anticipate and minimize potentially serious or irreversible risks under conditions of scientific uncertainty. Thus it preserves the potential for future developments. It has been incorporated into many international treaties and pieces of national legislation for environmental protection and sustainable development. In this article, we outline an interpretation of the PP as a framework of orientation for a sustainable information society. Since the risks induced by future information and communication technologies (ICT) are social risks (...) for the most part, we propose to extend the PP from mainly environmental to social subjects of protection. From an ethical point of view, the PP and sustainability share the principle of intergenerational justice, which can be used as an argument to preserve free space for the decisions of future generations. Applied to technical innovation and to ICT issues in particular, the extended PP can serve as a framework of orientation to avoid socio-economically irreversible developments. We conclude that the PP is a useful approach for: (i) policy makers to reconcile information society and sustainability policies and (ii) ICT companies to formulate sustainability strategies. (shrink)

A brief examination of the self-negating quality of the precautionary principle within the context of environmental ethics, and its consequent failure, as an ethical guide, to justify large-scale regulation of atmospheric cabon dioxide emissions.

Innovation in basic science is often a cause for won­der and excitement. Those associated with a new development are quick to point out the anticipated benefits: a cure for cancer or dementia, an end to unsafe water or hunger. These advocates are slower to draw at­tention to the possible costs, which may become known only much later. It is always hard to have an accurate overview, as it is almost impossible to predict the total effects of the widespread adoption of (...) any new technology and, especially, its longer‐term or cumulative effects, as as­bestos and CFCs demonstrate. For this reason, some policy‐makers or members of the public hope that we can apply “the precautionary principle” to innovation. Unfortunately, if one is looking for a principle that can guide action, then, strictly speaking, there is no pre­cautionary principle. One might better speak of a “pre­cautionary approach,” although even this needs to be unpacked. (shrink)

Our aim is to defend the Precautionary Principle (PP) against the main theoretical and practical criticisms that it has raised by proposing a novel conception and a specific formulation of the principle. We first address the theoretical concerns against the idea of there being a principle of precaution by arguing for a distinctively political conception of the PP as opposed to a moral one. Our claim is that the rationale of the PP is grounded in the fact that contemporary (...) societies wish to avoid morally unacceptable risks while at the same time pursuing other goals, aspirations and values. Following this political conception of the PP, we propose a specific formulation in terms of an argumentation scheme—the Argumentation Scheme for Appealing to Precaution—which is meant to solve, in turn, the main practical concerns that the PP has raised. We explain the advantages of our proposal by analysing appeals to precaution in the cases of (1) the European restrictions on the free movement of persons during the COVID-19 pandemic and (2) the discharge of nuclear wastes into the Irish Sea. (shrink)

Confronted with the possibility of severe environmental harms, such as catastrophic climate change, some researchers have suggested that we should abandon the principle at the heart of standard decision theory—the injunction to maximize expected utility—and embrace a different one: the Precautionary Principle. Arguably, the most sophisticated philosophical treatment of the Precautionary Principle is due to Steel. Steel interprets PP as a qualitative decision rule and appears to conclude that a quantitative decision-theoretic statement of PP is both impossible and (...) unnecessary. In this article, we propose a decision-theoretic formulation of PP in terms of lexical utilities. We show that this lexical model is largely faithful to Steel’s approach, but also that it corrects three problems with Steel’s account and clarifies the relationship between PP and standard decision theory. Using a range of examples, we illustrate how the lexical model can be used to explore a variety of issues related to precautionary reasoning. (shrink)

As a policy instrument that is deeply rooted in technology assessment, the precautionary principle examines the effects of a given object on humans and the environment. In practice the principle is rarely used to analyze the effects of our safety measures on the object itself or the way it is produced. Yet it is exactly in the effect on the blood procurement system that blood safety regulations based on the precautionary principle have to be particularly careful, as the (...) vast majority of blood products in the Global North are obtained through donations. (shrink)

Abortion critics have argued that one should err on the side of life and prohibit abortion since the status of the fetus is uncertain. David Boonin has criticized this precautionary argument, but his criticism has been ignored. The aim is to elaborate on the precautionary argument by responding to Boonin’s criticism. Boonin considers three versions of the precautionary argument—the disaster avoidance argument, the maximin argument, and the expected utility argument; yet all three are judged unsuccessful for the (...) same reasons: they lead to unacceptable implications, they lead to conclusions that are too weak, and they undermine the integrity of moral reasoning. I respond to this criticism by arguing that one can avoid unacceptable implications by considering a criterion of realism, that the weaker conclusions are rather an advantage, and that the application of the precautionary principle makes room for considerations which maintain the integrity of moral reasoning. I also consider some criticism beyond Boonin’s objections. (shrink)

It has been argued that geoengineering research should not be pursued because of a slippery slope from research to problematic deployment. These arguments have been thought weak or defective on the basis of interpretations that treat the arguments as relying on dubious premises. The paper urges a new interpretation of these arguments as precautionary arguments, i.e. as relying on a precautionary principle. This interpretation helps us better appreciate the potential normative force of the worries, their potential policy relevance, (...) and the kind of evidence required by slippery slope arguments. Understood as precautionary arguments, it is clear that slippery slope arguments against geoengineering capture concerns that are worth taking seriously. (shrink)