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Regulating toxic substances : a philosophy of science and the law / Carl F. Cranor.

Oxford Scholarship Online: Philosophy Available online

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Format:
Book
Author/Creator:
Cranor, Carl F., author.
Series:
Environmental ethics, values, and policy.
Environmental ethics, values, and policy
Language:
English
Subjects (All):
Hazardous substances--Law and legislation--United States.
Hazardous substances.
Chemicals--Law and legislation--United States.
Chemicals.
Industrial safety--Law and legislation--United States.
Industrial safety.
Chemical industry.
Hazardous Substances.
Occupational Health.
Chemical Industry.
United States.
Medical Subjects:
Hazardous Substances.
Occupational Health.
Chemical Industry.
United States.
Genre:
Session laws.
Statutes and codes.
Physical Description:
1 online resource (xix, 252 pages) : illustrations.
Other Title:
Philosophy of science and the law
Place of Publication:
New York ; Oxford : Oxford University Press, 1993.
Language Note:
English
Summary:
This treatise on the legal assessment of risks regarding toxic chemicals addresses the standards of evidence in legal proceedings and the regulatory decisions covering these chemicals.
Contents:
Introduction: Assessing Toxic Substances Through a Glass Darkly
1. The Scientific Background
Predicting Risks from Animal Bioassays
Background
Regulatory Science and Policy Choices
Normative Implications of the Scientific Uncertainties in Risk Assessment
Problems in the Statistics of Human Epidemiological Studies and Animal Bioassays
Discovering Risks
Practical Evidence-Gathering Problems
Theoretical Difficulties
Traditional Practices in Interpreting Epidemiological Studies
An Alternative to Traditional Practices
Clean Hands Science, Dirty Hands Public Policy
Professional Ethics
Public Policy Issues
2. Scientific Evidence in the Tort Law
Institutional Background
The Challenge to Present Evidentiary Procedures
Legal Issues
Arguments for the Scientific Standards Test
Arguments Against Competitor Views
Black's Proposal
A Common Conceptual Framework for Evaluating Scientific and Legal Burdens of Proof
An Alternative View
3. Joint Causation, Torts, and Administrative Law in Environmental Health Protections
Joint Causation and the Tort Law
Liability Rules for Causation
Proof of Causation
Administrative Law
No Moral or Policy Bars to Regulation when Joint Causation Obtains
The Case for Regulation of Toxic Substances when Joint Causation Obtains
Utilitarian Arguments
Justice Arguments
Other Considerations for Using Administrative Remedies
4. Scientific Procedures in Regulatory Agencies
Major Laws Regulating Carcinogens
Premarket Regulatory Statutes
Postmarket Regulatory Statutes
Procedural Requirements
Substantive Statutory Requirements
Approaches to Risk Assessment in Regulatory Agencies
A Brief History of Agency Use of Risk Assessment
Current Agency Risk Assessment Practices
Two Unacceptable Approaches to Risk Assessment
The Complete and Accurate Science Approach
The Science-Intensive Approach
Shortcomings of Present and Recommended Practices
An Alternative Approach
Coping with Scientific Uncertainty
Mitigating the Demanding Evidentiary Standards of Science
Expediting Risk Assessment
Use of Tabulated TD[subscript 50]s for Most Sensitive Sites and Species
Use of Expedited Linearized Multistage Default Procedures
The Virtues of Expedited Procedures
Making Public Policy on Expedited Risk Assessments Through the Agencies and Courts
5. Epistemic and Moral Justification
Epistemic Justification
Moral Justification
Principles Implicit in the Occupational Safety and Health Act
Philosophical Theories of Distribution
Utilitarianism
The Daniels-Rawls Theory of Health Care Protection
The Attraction of Distributively Sensitive Theories
Notes
Appendix A Uncertainties in Carcinogen Risk Assessments
Appendix B Cancer Potency Estimates of CDHS and EPA
Appendix C Relative Risk as a Function of Alpha and Beta Values
Appendix D Statutes Authorizing Regulation of Carcinogens
Appendix E Derivation of TD[subscript 50] Potency Values
Bibliography
Index.
Notes:
Description based upon print version of record.
Includes bibliographical references and index.
Description based on print version record.
Description based on publisher supplied metadata and other sources.
ISBN:
1-280-47380-0
0-19-534491-X
1-60256-617-8
OCLC:
437173328

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