Whither the Precautionary Principle? An American Assessment from an Administrative Law Perspective

2006 ◽  
Vol 54 (suppl_1) ◽  
pp. 581-613
Author(s):  
Stephen G. Wood ◽  
Stephen Q. Wood ◽  
Rachel A. Wood
Author(s):  
Paul Craig

Many of the principles of administrative law discussed previously will be familiar to scholars from their domestic jurisprudence. The precautionary principle differs in this respect. While it is found in some legal systems, such as Germany, it is nonetheless relatively novel as a precept of administrative law. It has, however, become of increased importance in EU law.


Author(s):  
Eugen Pissarskoi

How can we reasonably justify a climate policy goal if we accept that only possible consequences from climate change are known? Precautionary principles seem to offer promising guidelines for reasoning in such epistemic situations. This chapter presents two versions of the precautionary principle (PP) and defends one of them as morally justifiable. However, it argues that current versions of the PP do not allow discrimination between relevant climate change policies. Therefore, the chapter develops a further version of the PP, the Controllability Precautionary Principle (CPP), and defends its moral plausibility. The CPP incorporates the following idea: in a situation when the possible outcomes of the available actions cannot be ranked with regard to their value, the choice between available options for action should rest on the comparison of how well decision makers can control the processes of the implementation of the available strategies.


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