Scientific Theory versus Legal Theory: Cairns' Response.I understand Farquhar's point of view. Doubtless, science courts would be as flawed as other human institutions. Anyone who believes sustainable use Sustainable use is the use of resources at a rate which will meet the needs of the present without impairing the ability of future generations to meet their needs. The concept was notably put forth by the Brundtland Commission in 1987. See also
My purpose in writing the editorial (1) was to encourage debate by suggesting that the ways in which environmental judgments are being made can be improved. Knowledge of science is as important in making scientific judgments as legal knowledge is in making legal judgments. Throughout my career, I have been careful to note that risk or hazard is a probabilistic (probability) probabilistic - Relating to, or governed by, probability. The behaviour of a probabilistic system cannot be predicted exactly but the probability of certain behaviours is known. Such systems may be simulated using pseudorandom numbers. determination that requires scientific evidence, whereas risk management involves both probabilities of harm and knowledge of societal tolerance for risks. The quality of the evidence of risk is best judged by persons with appropriate academic qualifications. Value judgments involved in managing risks, on the other hand, are best made in a democratic fashion by an informed citizenry and/or their elected representatives. Neither scientists nor lawyers should make value judgments for other people. I also affirm that lawyers are no more narrow-minded, egotistical, and self-centered than any other group of professionals. It is my understanding that precedent is very important in matters of law. In this regard, it is worth noting that natural law preceded human societal law by a substantial temporal span. Those who study these laws are categorized as natural scientists. Because natural science is a dynamic field, disputes and paradigm shifts are the norm. In the field of ecotoxicology The term ecotoxicology was coined by Truhaut in 1969, who defined it as "the branch of toxicology concerned with the study of toxic effects, caused by natural or synthetic pollutants, to the constituents of ecosystems, animal (including human), vegetable and microbial, in an , the subject of my editorial (1), the rate of change in the last 50 years has been astonishing a·ston·ish tr.v. as·ton·ished, as·ton·ish·ing, as·ton·ish·es To fill with sudden wonder or amazement. See Synonyms at surprise. . Still, no theory is incontrovertible in·con·tro·vert·i·ble adj. Impossible to dispute; unquestionable: incontrovertible proof of the defendant's innocence. in·con , and the best judges of the confidence that may be placed in it are those who are well acquainted with validating or confirming evidence as well as the uncertainties; for scientific theories, this would be scientists with peer-reviewed publications in the area of concern. Elsewhere (2), I have noted that sustainable use of the planet will require a) compassion for other living humans who may be less fortunate than we are, b) compassion for future generations, and c) compassion for other living creatures with whom we share the planet. To this I now add compassion and empathy with other professions and disciplines (e.g., science, law, engineering, philosophy, sociology, economics), so that each is permitted to judge the adequacy and robustness of the evidence it is best equipped to judge in a way that will best represent the current knowledge in the field. Once a probabilistic determination has been made, the value judgments should be left to the citizens and/or their representatives. In my editorial (1), I merely suggested that scientists should be permitted to evaluate scientific evidence on their own terms, not on those of another profession. If my health were concerned, I would hope that medical professionals would be permitted to judge the evidence, unhampered Adj. 1. unhampered - not slowed or blocked or interfered with; "an outlet for healthy and unhampered action"; "a priest unhampered by scruple"; "the new stock market was unhampered by tradition" unhindered by the constraints of another profession. I hope the health of the earth's ecologic life support system will get comparable consideration. REFERENCES AND NOTES (1.) Cairns Cairns, city (1991 pop. 64,463), Queensland, NE Australia, on Trinity Bay. It is a principal sugar port of Australia; lumber and other agricultural products are also exported. The city's proximity to the Great Barrier Reef has made it a tourist center. J Jr. The developing role of ecotoxicology in industrial ecology industrial ecology Discipline that traces the flow of energy and materials from their natural resources through manufacture, the use of products, and their final recycling or disposal. Research in industrial ecology began in the early 1990s. and natural capitalism Natural capitalism is a set of trends and economic reforms designed to reward energy and material efficiency, and to remove professional standards and accounting conventions that prevent such efficiencies. . Environ Health Perspect 108:A346-A348 (2000). (2.) Cairns J Jr. Replacing targeted compassion with multidimensional compassion: an essential paradigm shift to achieve sustainability. Speculations Sci Technol 21:45-51 (1998). John Cairns, Jr. Department of Biology Virginia Polytechnic Institute and State University Virginia Polytechnic Institute and State University, at Blacksburg; land-grant and state supported; coeducational; chartered and opened 1872 as an agricultural and mechanical college. Blacksburg, Virginia E-mail: cairnsb@vt.edu |
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