Carl F. Cranor - Böcker

The world is awash in chemicals created by fellow citizens, but we know little to nothing about them. Understanding whether even the most prevalent ones are toxic would take decades. Many people have tragically suffered serious diseases and premature death, including children during development. Why has this occurred? Many factors contribute, but two important ones are the laws permitting this and the manner in which science has been used to identify and assess whether or not products are toxic. Both are the outcome of legislative, corporate, and judicial choices. Congress created laws that in fact keep public health officials and the wider population in the dark about the toxicity of virtually all substances other than prescription drugs and pesticides. Facing considerable ignorance about toxic substances, impartially motivated scientists seeking to protect the public health are constrained by the natural pace of studies to reveal toxic effects. Corporate pressures on public health officials and scientific obstruction substantially heighten the barriers to protecting the public. When people have suffered serious as well as life-threatening diseases likely traceable to toxic substances, judicial errors barring relevant science in the personal injury (tort) law can and have frustrated redress of injustices. Under both public health law and the tort law, there are possibilities for improved approaches, provided public leaders make different and better choices. This book describes these issues and suggests how we could be better protected from myriad toxic substances in our midst.

This book in the philosophy of law and risk assessment is concerned with the topic is standards of evidence in legal proceedings and regulatory decisions about the toxicity of chemicals. Cranor argues that the scientific and statistical criteria usually used to determine whether substances are toxic are too rigorous and time-consuming for evidentiary purposes in tort cases and for regulation. The result is the under-regulation of toxic substances and the under-compensation of plaintiffs in tort cases. Cranor proposes the evidential standards now used should be evaluated with the purposes of the law in mind.

In this paperback reprint of a book originally published in 1993, Carl Cranor argues that the scientific and statistical criteria usually used to determine whether substances are toxic are too rigorous and time-consuming for evidentiary purposes in tort cases and for regulation. This results in the underregulation of toxic substances and the undercompensation of plaintiffs in tort cases. Cranor proposes that the evidential standards now used should be evaluated with the purposes of the law in mind. The choice of standards is, in effect, a choice between economic costs to society and health costs to individuals. Cranor argues persuasively that justice requires that priority be given to avoiding the latter.

Chronic diseases are a major menace to the goal of living healthier, longer, and more vital lives. In the 20th century a sustained, and comprehensive scientific effort by public health officials, physicians, researchers, and legislators, was made to reduce the threat of infectious diseases. Chronic afflictions subsequently became the dominant health burden. All of us are vulnerable to various dysfunctions-cardiovascular disease, cancer, chronic obstructive pulmonary disease (COPD), diabetes and cirrhosis- that decrease the vitality of life and longevity, accelerate aging, and increase pain and misery. Sixty percent of Americans are afflicted by at least one of them. This rises to 78% when cohorts reach 55, and as high as 85% after 65. These illnesses cost more than three trillion dollars annually and constitute 6 of the 10 leading causes of US deaths from disease. Numerous factors complicate our understanding of, and efforts to reduce, these dysfunctions: lifestyle and personal habits, involuntary and environmental toxic exposures, and inferior social circumstances and institutions-poor and marginal neighborhoods, limited and inadequate healthcare, poorly protected and dangerous workplaces. To fully understand these maladies Carl F. Cranor casts a wide interdisciplinary net, drawing from the research of physicians, epidemiologists, sociologists and philosophers to identify their nature, development, extent, and causal contributions- ultimately recommending a division of responsibilities between individual and broader socially responsible efforts to justly support vital lives. Individuals can influence chronic afflictions, but these actions alone are insufficient. Cranor argues that, while individuals can influence chronic afflictions, they must be comprehensively and responsibly supported by improved social conditions, healthcare and health-protection institutions, all of which require enhanced social responsibility by public officials and legislators.

Take a random walk through your life and you’ll find it is awash in industrial, often toxic, chemicals. Sip water from a plastic bottle and ingest bisphenol A. Prepare dinner in a non-stick frying pan or wear a layer of Gore-Tex only to be exposed to perfluorinated compounds. Hang curtains, clip your baby into a car seat, watch television—all are manufactured with brominated flame-retardants.Cosmetic ingredients, industrial chemicals, pesticides, and other compounds enter our bodies and remain briefly or permanently. Far too many suspected toxic hazards are unleashed every day that affect the development and function of our brain, immune system, reproductive organs, or hormones. But no public health law requires product testing of most chemical compounds before they enter the market. If products are deemed dangerous, toxicants must be forcibly reduced or removed—but only after harm has been done.In this scientifically rigorous legal analysis, Carl Cranor argues that just as pharmaceuticals and pesticides cannot be sold without pre-market testing, other chemical products should be subject to the same safety measures. Cranor shows, in terrifying detail, what risks we run, and that it is entirely possible to design a less dangerous commercial world.

US tort law, cloaked behind increased judicial review of science, is changing before our eyes yet we cannot see it. While Supreme Court decisions have altered how courts review scientific testimony, the complexity of both science and legal procedures mask the resulting social consequences. Yet these consequences are too important to remain hidden. Mistaken court reviews of scientific evidence can decrease citizen access to the law, decrease incentives for firms to test their products, lower deterrence for harmful products, and decrease the possibility of justice for citizens injured by toxic substances. Even if courts review evidence well, increases in litigation costs and attorney screening of clients can impede access to the law. Newly revised and expanded, Toxic Torts, 2nd edition introduces these issues, reveals the relationships that can deny citizens just restitution for harms suffered, and shows how justice can be improved in toxic tort cases.

US tort law, cloaked behind increased judicial review of science, is changing before our eyes yet we cannot see it. While Supreme Court decisions have altered how courts review scientific testimony, the complexity of both science and legal procedures mask the resulting social consequences. Yet these consequences are too important to remain hidden. Mistaken court reviews of scientific evidence can decrease citizen access to the law, decrease incentives for firms to test their products, lower deterrence for harmful products, and decrease the possibility of justice for citizens injured by toxic substances. Even if courts review evidence well, increases in litigation costs and attorney screening of clients can impede access to the law. Newly revised and expanded, Toxic Torts, 2nd edition introduces these issues, reveals the relationships that can deny citizens just restitution for harms suffered, and shows how justice can be improved in toxic tort cases.

Why can an individual who was found not guilty in criminal court be made to pay damages in a tort case? What is administrative or regulatory law? And how and why are different facets of the legal system so complex, nuanced, and different from each other?Understanding Aspects of the Law: A Guide to Criminal, Tort, and Regulatory Law helps students better understand how the areas of criminal law, tort or personal injury law, and regulatory or administrative law function, as well as the strengths and shortcomings of each.The opening chapter examines features of criminal law, elements of a criminal offense, breach of legal duty, the voluntary act requirement, the guilty mind, and strict liability. Additional chapters address criminal homicide, the insanity defense, the elements of a tort offense, the requirements for causation and proximate causation, product liability, and ultrahazardous activities. Students learn about the differences between criminal law and torts, environmental health laws, rights protection under administrative laws, sanctions, political pressures, and more. Throughout the book, excerpts from court cases help students better understand specific areas of the law.Understanding Aspects of the Law is an illuminating and essential resource for courses and programs in law, as well as legal and moral philosophy.