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- Carl F. Cranor (1997). A Philosophy of Risk Assessment and the Law: A Case Study of the Role of Philosophy in Public Policy. Philosophical Studies 85 (2-3):135-162.
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The case of May Redwing, an American Indian woman assessed for competence is examined in detail. The case highlights the interconnections between the cultures of medicine and law and notes the importance of criteria of competence assessment, but also underscores the necessity of attention to the patient'scultural background in a multi-disciplinary competence assessment team process. Three interrelated areas of inquiry are explored: (1) Can we expect a morally and politically justifiable assessment of competence from a multi-disciplinary approach? (2) What pitfalls threaten a multi-disciplinary approach? and (3) How are the patient'scultural background and values relevant to a proper assessment of competence? These questions are investigated in the context of analyzing and evaluating a particularly difficult case. Although focused on a specific case, the study is instructive and cautionary for any group undertaking the challenges of multi-disciplinary competence assessment.
We argue that environmental aesthetics, and specifically the concept of aesthetic integrity, should play a central role in a public environmental philosophy designed to communicate about environmental problems in an effective manner. After developing the concept of the ?aesthetic integrity? of the environment, we appeal to empirical research to show that it contributes significantly to people?s sense of place, which is, in turn, central to their well-being and motivational state. As a result, appealing to aesthetic integrity in policy contexts is both strategically and morally advisable. To provide a concrete illustration of the ways in which such appeals can play a role in policy making, we examine a specific case study in which attention to aesthetic integrity contributed to blocking a proposed development. The case yields at least four lessons: (1) aesthetic integrity can be a practically effective framing device; (2) local deliberative settings are particularly conducive for addressing it; (3) it can serve as an umbrella under which multiple other issues can be brought to the fore; and (4) judgments about aesthetic integrity need not be entirely objective in order for them to play a productive role in the policy sphere.
Risk communication poses a challenge to ordinary norms of truth-telling because it can easily mislead. Analyzing this challenge in terms of a systematic divergence between expertise and public attitudes fails to recognize how two specific features of the concept of risk play a role in managing daily affairs. First, evaluating risk always incorporates an estimate of the reliability of information. Since risk communication is an effort at providing information, audiences will naturally and appropriately incorporate their assessment of the reliability of the risk communicator into their assessment of the risk as such. Second, one conceptual and grammatical feature of the concept of risk is to categorize experience as non-routine and demanding further deliberation. That is, the whole point of calling something a risk can be to distinguish it from activities or phenomena that need no further attention. Risk communications that stress relative comparisons of measured probabilities and expected utilities can be inconsistent with both features of our concept of risk. At best they mislead; at worst they undermine our society’s capacity to cope with risk. While there are no simple answers to these two conundrums, technical experts should bear them in mind when communicating with the broader public.
Most contemporary political science researchers are advocates of multimethod research, however, the value and proper role of qualitative methodologies, like case study analysis, is disputed. A pluralistic philosophy of science can shed light on this debate. Methodological pluralism is indeed valuable, but does not entail causal pluralism. Pluralism about the goals of science is relevant to the debate and suggests a focus on the difference between evidence for warrant and evidence for use. I propose that case study research provides evidence for use through providing information that bears on the applicability of causal generalizations and risk assessment.
The question of when people may impose risks on each other is of fundamental moral importance. Forms of “quantified risk assessment,” especially risk cost-benefit analysis, provide one powerful approach to providing a systematic answer. It is also well known that such techniques can show that existing resources could be used more effectively to reduce risk overall. Thus it is often argued that some current practices are irrational. On the other hand critics of quantified risk assessment argue that it cannot adequately capture all relevant features, such as “societal concern” and so should be abandoned. In this paper I argue that current forms of quantified risk assessment are inadequate, and in themselves, therefore, insufficient to demonstrate that current practices are irrational. In particular, I will argue that insufficient attention has been given to the cause of a hazard, which needs to be treated as a primary variable in its own right. However rather than reject quantified risk assessment I wish to supplement it by proposing a framework to make explicit the role causation plays in the understanding of risk, and how it interacts with factors which influence perception of risks and other attitudes to risk control. Once an improved description of risk perception is available it will become possible to have a more informed debate about the normative question: how safety should be regulated.
I argue that although the judgments required to reach statistical risk assessments may reflect policy values, it does not follow that the task of evaluating whether a given risk assessment is warranted by the evidence need also be imbued with policy values. What has led many to conclude otherwise, I claim, stems from misuses of the statistical testing methods involved. I set out rules for interpreting what specific test results do and do not say about the extent of a given risk. By providing a more objective understanding of the evidence, such rules help in adjudicating conflicting risk assessments. To illustrate, I consider the risk assessment conflict at the EPA concerning the carcinogenicity of formaldehyde.
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Ethical reflection on the justice/injustice of past public health policy can inform current and future policy creation and assessment. For eight years in the 1980s, Haitians were prohibited from donating blood in the USA due to their national origin, a supposed risk factor for AIDS. This case study underlines the racial stereotypes and cultural ignorance at play in risk assignment—which simultaneously marked Haitians as risky ‘others’ and excluded them as significant participants in policy-making. This article also discerns Haitian understandings of justice related to this donor policy and explores how dimensions of this past policy relate to current blood donor policy.
Government agencies and private risk assessors use (quasi) scientific risk assessment procedures to try to estimate or predict risk to human health or the environment that might result from exposure to toxic substances in order to take steps to prevent such risks from arising or to eliminate the risks if they already exist. In this paper I discuss several ways in which the "science" of carcinogen risk assessment differs from ordinary scientific enterprises. I also consider several ways in which normative policy considerations infect this regulatory science. Scientists, philosophers of science, moral philosophers and policy makers should address these issues forthrightly in order to serve better the aims of science and regulation.
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Experts often tout highly subjective methods of policy analysis as scientific and value?free. In The Myth of Scientific Public Policy, Robert Formaini exposes the uncertainties in two of these methods, cost?benefit analysis and risk assessment. Because of these deficiencies, he concludes that ethics and political philosophy, not science, are the proper foundation for public policy. While Formaini is right to emphasize the value?ladenness of cost?benefit analysis and risk assessment, his rejection of scientific methods of policy analysis is questionable. His criticisms, especially in his study of the swine?ßu case, seem to establish that experts have misused such methods, not that the methods themselves are seriously ßawed. Also, his rejection of cost?benefit analysis and risk assessment would be more realistic if he offered a well?developed alternative to these two methods. One such alternative, for example, is ethically weighted cost?benefit analysis.
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