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Jewish World Review May 11, 2001/ 18 Iyar, 5761
Marianne M. Jennings
http://www.jewishworldreview.com --
PROFESSOR Gary Marchant of ASU law school questions the "precautionary
principle," a nebulous standard that is the latest environmental blockade to
development, logging, production and other tools of capitalism and comfort.
Intrigued myself by the purity of this folderol, I did some research. A
sample article title, "The Siren Songs of Science: Toward a Taxonomy of
Uncertainty for Decisionmakers," says it all. A common phrase in the
literature is "institutionalizing caution." These scholars advocate sliding
standards of proof as well as abandonment of our fundamental principle of
justice - that the party bringing the case offers the proof. Under the
precautionary principle, they just bring the case. The other side has to
prove them wrong, which leaves businesses facing litigation from
environmental groups and trying debunk junk science. Professor Harold Hill's
scam was a lesser offense.
The precautionary principle comes to us via Germany where misguided attempts
at intellectualism spring from entirely too much vacation time. This daft
notion, called Vorsirgeprinzip: Vorsorge there, is the kind of brainstorm
that comes when you are on holiday for four weeks on beaches of a continent
where Lady Gillette hasn't made much headway. Dreaming up doctrines to slow
the wheels of progress is a diversion from prison-guard-like women in swim
suits the size of pup tents.
Already incorporated into the laws of Canada, Australia and most European
countries, the precautionary principle requires tinkers in capitalism and
other preventers of unemployment to "anticipate, prevent and attack the
causes of environmental degradation. Where there are threats of serious or
irreversible damage, lack of full scientific certainty should not be used as
a reason for postponing measures to prevent environmental degradation."
In short, science be damned, if we believe it to be true, it must be so.
All activity even potentially harmful to the environment can be enjoined. But
the precautionary principle (P2) will not tarry long in environmentalism.
For where there are punitive damages (for which P2 provides), members of the
bar and their contingent fees are never far behind. They are there for
reparations and all of society's barbaric tobacco, asbestos, and implants
debacles. And they will be there to expand P2.
Indeed P2 has already begun its inexorable march into product liability.
Cell phones damage the environment only with rings that play "Camp Town
Races" during lectures and operas, but the precautionaries are after them.
No matter that the science on cell phones causing brain tumors is divided at
best. This cellular citadel shall be conquered. Caution is thrown to the
lawyers, not the wind.
I like P2 for it is codification of the old adage, "Better safe than
sorry." However, selective precaution is madness. I am willing to protect
the flora, fauna and Linda McCartney the white squirrel from the ravages of
developers if my fellow cautionaries are willing to go universal.
Studies tie a higher rate of breast cancer to women who have had an
abortion. P2 demands an end to abortion. Children with divorced parents are
more likely to use drugs, alcohol, have premarital sex and eventually get
divorced themselves. Precaution requires that we outlaw divorce or, at a
minimum, restore the requirement of establishing a cause for a divorce other
than irreconcilable differences. There is a direct causal connection between
homosexuality and the transmission of HIV. Homosexuality should be illegal.
A recent study shows that children who spend time in day care are more
aggressive. Caution requires a mandate for mothers to stay home.
Under P2, the burden is on the party who has the science against them.
So, those who want to retain day care, no-fault divorce, homosexuality and
abortion have the burden of proving the studies invalid. Studies show that,
for the most part, you are safer driving an SUV than a car. For those who
would outlaw SUVs, they surely now realize that the SUV is the precautionary
measure.
Nearly half of the fatal auto accidents in the country involve alcohol-
or substance-impaired drivers. Some of the fatalities involved
less-than-cautious moose. Mercy, how can we be so insensitive? Alcohol needs
to go.
Selective application of the precautionary principle demonstrates its
political and ideological leanings. It is subversive environmentalism for a
heretofore-unseen assault on development via income for trial lawyers. Just
the nature of the countries already subscribing to its sloppy reasoning and
vague parameters speaks to its socialistic and controlling nature. As is
usual with liberals possessed of a passing intellectual fad, they throw
reason to the wind. Universal principles, including this new precautionary
one, apply only when they say
05/04/01: Grades: Equality of students, by students, for the students
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