scholarly journals When I use a word . . . . The Precautionary Principle: a brief history

BMJ ◽  
2021 ◽  
pp. n3059
Author(s):  
Jeffrey K Aronson ◽  

Abstract Two ideas precede the modern Precautionary Principle. First, that prevention is better than cure, exemplified by an aphorism in an early 13th century book of Jewish aphorisms, the Sefer Hasidim : “Who is a skilled physician? He who can prevent sickness.” Secondly, Thomas Sydenham’s 17th century assertion that in healthcare it is important above all not to do harm, “primum est ut non nocere.” These two ideas come together in the Vorsorgeprinzip, which was incorporated into German legislation for maintaining clean air in the 1960s and 1970s, and first appeared in English-language documents in 1982, which referred to taking a precautionary approach or precautionary measures, or more formally as the Precautionary Principle. The principle features in international documents such as the Rio Declaration and in many pieces of EU legislation relating to topics as diverse as genetically modified organisms, food safety, the safety of toys, and invasion of alien species of animals, plants, fungi, or microorganisms.

Author(s):  
Miroslava Chávez-García

To explore the ways in which migrants negotiated longing, gender, intimacy, courtship, marriage, and identity across the U.S.-Mexico borderlands in the 1960s and 1970s, chapter 1 opens by examining and analyzing the broader racial, labor, and environmental contexts shaping José Chávez’s—the author’s father—experience as a Mexican laborer in Imperial Valley in the 1950s and 1960s. Specifically, it pays attention to working and living conditions in el valle and how those contributed to his loneliness, isolation, and ambivalence as a border dweller, despite his status as a green card holder and his ability to engage in return migration. Next, it examines letter writing as a form of courtship as detailed in the love letters he crafted and the cultural tools—stylized letter writing, the English language, portraits, songs, movies, and the radio—he drew upon to convince Maria Concepción “Conchita” Alvarado—the author’s mother—to accept his marriage proposal. Finally, it shows that while Conchita never formally agreed to the nuptials, she walked down the aisle and married José, an act that set her life on a new course. Indeed, within a few days, she left her hometown and relocated with José to the Mexicali-Calexico border, where they set out to create a new future for themselves.


2004 ◽  
Vol 5 (2) ◽  
pp. 151-166 ◽  
Author(s):  
Patrycja Dąbrowska

Almost exactly one year after the famous judgments of the Court of First Instance on the precautionary principle, the European Court of Justice (hereinafter “the Court”) has issued a preliminary ruling further exploring this concept. The ruling arose from a national dispute concerning a temporary ban on novel foods produced from genetically modified organisms (hereinafter “GMOs”). This recent Monsanto judgment is the first case in which the Court has directly invoked the precautionary principle regarding Member States’ power to adopt a provisional prohibition on the marketing of GMO-derived novel foods. Simultaneously, the Court lent an ear to the arguments of Monsanto by declaring the validity of the simplified procedure laid down in the novel foods Regulation 258/97 and based on the contentious concept of substantial equivalence. Thus, it seems to have favoured the free circulation in the Community market of novel foodstuffs notwithstanding the presence of residues of genetically modified (hereinafter “GM”) protein, on the condition that there is no risk to human health.


2020 ◽  
Vol 15 ◽  
pp. 165-185
Author(s):  
Rafał Niedźwiadek ◽  
◽  
Andrzej Rozwałka ◽  

The aim of the article is to present the state of the research conducted on the remains of a medieval stronghold on Grodzisko Hill, also known as Kirkut Hill (due to the Jewish cemetery from the late Middle Ages and early modern period located on its top), as well as to show the latest approach to dating the remains of the stronghold and its role in the medieval Lublin agglomeration. Archaeological research carried out on the hill and at its foot in the 1960s and 1970s was of limited range due to the existence of the Jewish cemetery. However, it can be considered that they provided an amount of data that enables the reconstruction of stratigraphy of the stronghold and recognition of the structure of its rampart running along the edge of the hill. After many discussions, both among historians and Lublin archaeologists, a certain consensus regarding the chronology and the function of the former stronghold on Grodzisko Hill has now been reached. It seems that it was in the 13th century that the stronghold was built and, then, before the century ended, it was destroyed. It coexisted with an older structure – probably built in the 12th century – namely the castellan stronghold on Zamkowe Hill. Recent research indicates that during the second half of 13th century, or at the turn of the 13th and 14th centuries, a new line of ramparts was built on Staromiejskie Hill. This is how three parts of the Lublin agglomeration were distinguished. Perhaps, in this structure, the stronghold on Kirkut Hill could have functioned as a guard post for a part of the long-distance route located in the area of today’s Kalinowszczyzna Street. The 13th century, and especially its second half, was the time of numerous Yotvingian, Lithuanian, Mongolian, Ruthenian and Tatar invasions.


2012 ◽  
Vol 3 (2) ◽  
pp. 147-156 ◽  
Author(s):  
René von Schomberg

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 article will 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).


2002 ◽  
Vol 8 (3) ◽  
Author(s):  
Mark Lubbock ◽  
Andrew Coop

Presents a study that discussed the development of a new legal regime for the deliberate release of genetically modified organisms (GMO) into the European environment, as of January 2002. Information on the Precautionary Principle requirement of the existing regime; Assessment of the possible effect of the Precautionary Principle on decisions about GMO releases; Implications for the expectations of consumers regarding genetically modified products.


2017 ◽  
Vol 41 (2) ◽  
pp. 110
Author(s):  
Gabriele Borges Rodrigues ◽  
Leonardo Da Rocha de Souza

Resumo: O objetivo deste artigo é analisar o princípio da precaução como critério utilizado pela Administração Pública para a liberação de organismos geneticamente modificados (OGMs). Para isso, realiza-se um estudo a respeito da importância do princípio da precaução para a realização da proteção ambiental, trazendo-se um enfoque da sua regulação em instrumentos internacionais. A seguir, trabalha-se com os problemas provenientes da incerteza científica e como eles afetam o dever que o Estado tem de evitar danos, incertezas essas que geram dificuldades para a aplicação do princípio da precaução. Esse contexto leva este texto a algumas propostas de soluções para Administração Pública aplicar o princípio da precaução apesar (e em virtude) das incertezas científicas. Permeia o texto, e enfatiza-se ao final, uma aplicação do princípio da precaução na liberação de organismos geneticamente modificados. A abordagem é realizada utilizando-se o método hipotético-dedutivo, levantando-se hipóteses e possibilidades para aplicação prática do princípio da precaução na atuação da Administração Pública. Utiliza-se a técnica de pesquisa de documentação indireta, com a revisão bibliográfica de obras nacionais e estrangeiras, incluindo periódicos e textos normativos. Como resultado, pretende-se que este artigo subsidie o aperfeiçoamento de políticas públicas de proteção ambiental, de forma a evitar que as incertezas científicas gerem danos ambientais e propondo-se maior cautela na inserção dos OGMs no meio ambiente.Abstract: The purpose of this article is to analyze the precautionary principle as a criterion used by public authorities for the release of genetically modified organisms (GMOs). For this, we carried out a study about the importance of the precautionary principle for the realization of environmental protection, bringing a focus of its regulation on international rules. Next, we work with problems arising from scientific uncertainty and how they affect the duty that the state has to prevent damage, such uncertainties that generate difficulties for the application of the precautionary principle. This context leads this text to some proposed solutions for Public Administration apply the precautionary principle despite (and because) of scientific uncertainty. During the text, with an emphasis on end, we carry out an application of the precautionary principle in the release of genetically modified organisms. The approach is performed using the hypothetical-deductive method, rising hypotheses and possibilities for practical application of the precautionary principle in the operation of Public Administration. We use the indirect documentation search technique, the literature review of national and foreign works, including periodicals and normative texts. As a result, we intend this article to subsidize the improvement of public policies for environmental protection, in order to prevent the scientific uncertainties, generate environmental damage and proposing greater caution in the insertion of GMOs into the environment.


2021 ◽  
Author(s):  
Jeroen Hopster

A challenge faced by defenders of the precautionary principle is to clarify when the evidence that a harmful event might occur suffices to regard this prospect as a real possibility. Plausible versions of the principle must articulate some epistemic threshold, or de minimis requirement, which specifies when precautionary measures are justified. Critics have argued that formulating such a threshold is problematic in the context of the precautionary principle. First, this is because the precautionary principle appears to be ambiguous about the distinction between risk and uncertainty: should the principle merely be invoked when evidential probabilities are absent, or also when probabilities have low epistemic credentials? Secondly, defenders of the precautionary principle face an aggregation puzzle: in judging whether or not the de minimis requirement has been met, how should first-order evidential probabilities and their second-order epistemic standing be aggregated? This article argues that the ambiguity can be resolved, and the epistemological puzzle can be solved. Focusing on decisions in the context of climate uncertainty, I advance a version of the precautionary principle that serves as a plausible decision rule, to be adopted in situations where its main alternative – cost-benefit analysis – does not deliver.


2015 ◽  
Vol 24 (3) ◽  
pp. 415-433
Author(s):  
ÓSCAR J. MARTÍN GARCÍA ◽  
FRANCISCO J. RODRÍGUEZ JIMÉNEZ

AbstractThe United States' support for the Franco dictatorship, along with British dominion over Gibraltar, caused an increasing sense of frustration towards the United States and United Kingdom amongst broad sectors of the Spanish public during the 1960s and 1970s. Growing resentment towards the Anglo-American presence in Spain threatened to jeopardise the geopolitical objectives of these two governments given the strategic importance of the Iberian Peninsula in the Cold War. Both the Americans and the British identified the promotion of the English language as a cultural tool to develop empathy amongst those Spaniards who would drive forward the eventual transition to a post-Franco era. This ‘soft power’ strategy fit perfectly with the pro-modernisation efforts taking place in several parts of the world. English teaching did not serve as a magic potion, however. Cultural seduction was not a cure-all to right the wrongs inflicted by the Anglo-American geostrategic priorities. This article explores the benefits and limitations of English language promotion in Franco's Spain and reflects on the ability of ‘soft power’ to influence what was a rather hostile hard-power context.


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