An examination of the notions of risk & safety in the regulation of toxic substances in France & the US. US law has moved toward the development of statutory criteria of risk assessment, balancing both the costs & benefits of regulation, while the French legislator has consistently avoided a substantive elaboration of safety concepts through legal texts. This contrast is documented & its implications for the discretionary authority of regulating agencies are discussed. Divergent national patterns are explained with reference to factors distinguishing the legal & political systems of the two countries. HA.
Notes on contributors Acknowledgements 1. The Idiom of Co-production Sheila Jasanoff 2. Ordering Knowledge, Ordering Society Sheila Jasanoff 3. Climate Science and the Making of a Global Political Order Clark A. Miller 4. Co-producing CITES and the African Elephant Charis Thompson 5. Knowledge and Political Order in the European Environment Agency Claire Waterton and Brian Wynne 6. Plants, Power and Development: Founding the Imperial Department of Agriculture for the West Indies, 1880-1914 William K. Storey 7. Mapping Systems and Moral Order: Constituting property in genome laboratorie
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This collection of essays by Sheila Jasanoff explores how democratic governments construct public reason, that is, the forms of evidence and argument used in making state decisions accountable to citizens. The term public reason as used here is not simply a matter of deploying principled arguments that respect the norms of democratic deliberation. Jasanoff investigates what states do in practice when they claim to be reasoning in the public interest. Reason, from this perspective, comprises the institutional practices, discourses, techniques and instruments through which governments claim legitimacy in an era of potentially unbounded risks-physical, political, and moral. Those legitimating efforts, in turn, depend on citizens' acceptance of the forms of reasoning that governments offer. Included here therefore is an inquiry into the conditions that lead citizens of democratic societies to accept policy justification as being reasonable. These modes of public knowing, or "civic epistemologies," are integral to the constitution of contemporary political cultures. Methodologically, the book is grounded in the field of Science and Technology Studies (STS). It uses in-depth qualitative studies of legal and political practices to shed light on divergent cross-cultural constructions of public reason and the reasoning political subject. The collection as a whole contributes to democratic theory, legal studies, comparative politics, geography, and ethnographies of modernity, as well as STS.
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"This collection of essays explores how democratic governments construct public reason--that is, the forms of evidence and argument used in making state decisions accountable to citizens. The objective is to investigate what societies do in practice when they claim to be reasoning in the public interest. Methodologically, the book is grounded in the field of science and technology studies (STS). It uses in-depth qualitative studies of legal and political practices to shed light on the cultural construction of public reason and the reasoning political subject"--
Biology and politics have converged today across much of the industrialized world. Debates about genetically modified organisms, cloning, stem cells, animal patenting, and new reproductive technologies crowd media headlines and policy agendas. Less noticed, but no less important, are the rifts that have appeared among leading Western nations about the right way to govern innovation in genetics and biotechnology. These significant differences in law and policy, and in ethical analysis, may in a globalizing world act as obstacles to free trade, scientific inquiry, and shared understandings of
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Legal texts have been with us since the dawn of human history. Beginning in 1953, life too became textual. The discovery of the structure of DNA made it possible to represent the basic matter of life with permutations and combinations of four letters of the alphabet, A, T, C, and G. Since then, the biological and legal conceptions of life have been in constant, mutually constitutive interplay -- the former focusing on life's definition, the latter on life's entitlements. Reframing Rights argues that this period of transformative change in law and the life sciences should be considered "bioconstitutional." Reframing Rights explores the evolving relationship of biology, biotechnology, and law through a series of national and cross-national case studies. Sheila Jasanoff maps out the conceptual territory in a substantive editorial introduction, after which the contributors offer "snapshots" of developments at the frontiers of biotechnology and the law. Chapters examine such topics as national cloning and xenotransplant policies; the politics of stem cell research in Britain, Germany, and Italy; DNA profiling and DNA databases in criminal law; clinical trials in India and the United States; the GM crop controversy in Britain; and precautionary policymaking in the European Union. These cases demonstrate changes of constitutional significance in the relations among human bodies, selves, science, and the state.
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"Biology and politics have converged today across much of the industrialized world. Debates about genetically modified organisms, cloning, stem cells, animal patenting, and new reproductive technologies crowd media headlines and policy agendas. Less noticed, but no less important, are the rifts that have appeared among leading Western nations about the right way to govern innovation in genetics and biotechnology. These significant differences in law and policy, and in ethical analysis, may in a globalizing world act as obstacles to free trade, scientific inquiry, and shared understandings of human dignity. In this magisterial look at some twenty-five years of scientific and social development, Sheila Jasanoff compares the politics and policy of the life sciences in Britain, Germany, the United States, and in the European Union as a whole. She shows how public and private actors in each setting evaluated new manifestations of biotechnology and tried to reassure themselves about their safety. Three main themes emerge. First, core concepts of democratic theory, such as citizenship, deliberation, and accountability, cannot be understood satisfactorily without taking on board the politics of science and technology. Second, in all three countries, policies for the life sciences have been incorporated into "nation-building" projects that seek to reimagine what the nation stands for. Third, political culture influences democratic politics, and it works through the institutionalized ways in which citizens understand and evaluate public knowledge. These three aspects of contemporary politics, Jasanoff argues, help account not only for policy divergences but also for the perceived legitimacy of state actions."--Publisher.
Introduction : learning from disaster / Sheila Jasanoff -- The restructuring of Union Carbide / Wil Lepkowski -- Legal and political repercussions in India / Armin Rosencranz, Shyam Divan, and Antony Scott -- Industrial risk management in India since Bhopal / B. Bowonder, Jeanne X. Kasperson, and Roger E. Kasperson -- Citizen participation in environmental policy making / Susan G. Hadden -- Disaster prevention in Europe / Jos(c)♭e van Eijndhoven -- The transnational traffic in legal remedies / Marc Galanter -- Bad arithmetic : disaster litigation as less than the sum of its parts / Tom Durkin and William L.F. Felstiner -- Toxic politics and pollution victims in the third world / Michael R. Reich -- Information and disaster prevention / Frank N. Laird -- The capacity of international institutions to manage Bhopal-like problems / Peter M. Haas -- Societal contradictions and industrial crises / Paul Shrivastava
