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Published on: February 23, 2017
Doxastic Precautionary Principle as Political Encroachment
1Centre for Legal Education and Legal Theory, University of Wroclaw, Uniwersytecka St, 22/26, 50-145 Wroclaw, Poland.
This study reconciles ethics of belief principles with law and policy-making. It argues the precautionary principle can align with evidence-based regulation, resolving conflicts in belief and policy.
Area of Science:
- Philosophy of Science
- Legal and Political Philosophy
- Ethics of Belief
Background:
- Two key ethics of belief positions, epistemic purism and reason pragmatism, present conflicting intuitions, particularly regarding all-things-considered beliefs.
- These conflicts manifest in meta-principles governing law and policy: evidence-based regulation and the precautionary principle.
- Evidence-based regulation mandates legal rules based on current scientific knowledge, while the precautionary principle advocates for regulation despite insufficient scientific evidence of potential harm.
Purpose of the Study:
- To reconcile the seemingly conflicting principles of evidence-based regulation and the precautionary principle.
- To re-examine the precautionary principle through the lens of ethics of belief.
- To demonstrate how the precautionary principle can be interpreted to align with, rather than oppose, evidence-based regulation.
Main Methods:
- Philosophical analysis of ethical theories of belief.
- Examination of meta-principles in law and policy-making.
- Reinterpretation of the precautionary principle within the framework of epistemic ethics.
Main Results:
- The precautionary principle can be viewed as a political encroachment on evidence-based regulation when interpreted through certain ethical frameworks.
- A novel interpretation reconciles the epistemic and pragmatic intuitions underlying both principles.
- The study proposes a way to harmonize scientific evidence requirements with protective measures against potential harm.
Conclusions:
- The precautionary principle, when understood through the ethics of belief, can be reconciled with evidence-based regulation.
- This reconciliation addresses conflicts in both theoretical ethics and practical policy-making.
- The findings offer a framework for more coherent and ethically grounded legal and policy decisions.
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