Precautionary Principle
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[edit] Definition
The precautionary principle is a proposed and controversial guiding principle for public policy, especially with regard to scientific, technological, and commercial development. In one of its more widely cited formulations, it states that When an activity raises threats of harm to the environment or human health, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically.
Following the precautionary principle thus mandates that possible risks of an action must be mitigated, even if the exact extent (or even accuracy) of the risks is not known at the time the action is taken. In this formulation, the precautionary principle has been used to argue against the introduction of genetically-modified (GM) foodstuffs, in favor of restrictions on RF-emitting mobile phone towers, and in favor of limiting greenhouse gases by industrialized nations. Perhaps unsurprisingly, environmental activists tend to be in favor of the widespread adoption and use of the precautionary principle, while industrialists and businesses tend to be against it.
[edit] Discussion
The question of what actions should be taken in the face of possible risk is a difficult one. Even the collected wisdom of proverbs differs -- one advises us to "look before you leap," and that "an ounce of prevention is worth a pound of cure," while at the same time pointing out that "opportunity knocks but once," and that "he who hesitates is lost." Under widely practiced standards of law, an agent is responsible for mitigating any reasonably foreseeable harms that he causes. But what if the existence of the harms is only conjectural and disputed?
In 1992, the UN Conference on Environment and Development adopted as a basis for policy decisions so-called Principle 15, "In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation." This statement argues, in essence, that in the event that science is unable to provide a definitive answer about the nature and degree of the risks posed by a course of action, people should act in such a way as to mitigate the risks that might be posed. This principle was also adopted by the EU under the treaty of Masstricht that same year, and later extended to other areas than purely environmental questions.
From a philosophical standpoint, the precautionary principle can be seen as a response to arguments from ignorance. In normal philosophical discourse, if not enough is known about a question, then no answers can be given. In practical terms, although this may be satisfactory for questions about how many angels can dance on the head of a pin, this is not helpful when the question involves "Should we invest millions in this large-scale project that has the possibility of benefiting millions of people?"
The Precautionary Principle explicitly attempts to resolve this issue in the area of maximum safety and "conservatism," in the sense of preservation of the status quo. As the Wingspread Statement on the Precautionary Principle puts it, "In this context the proponent of an activity, rather than the public bears the burden of proof" that the proposed activity is safe; if neither party can prove their side with assurance, the activity should not be undertaken.
[edit] Precautionary Principle In Law
In U.S. law, the Precautionary Principle is manifested by an “injunction” or “restraining order”. Such orders, often temporary, use the power of the court to forbid possibly harmful actions. Typically an injunction is applied only while a more thorough investigation is conducted. The legal requirements to obtain such an order are generally:
- a high likelihood that the action will later be forbidden in a more thorough judicial process;
- that the possible harm of the action is irreparable.
