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Rights, Regulation, and the Technological Revolution$
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Roger Brownsword

Print publication date: 2008

Print ISBN-13: 9780199276806

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199276806.001.0001

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The Challenge of Regulatory Legitimacy III

The Challenge of Regulatory Legitimacy III

(p.100) 4 The Challenge of Regulatory Legitimacy III
Rights, Regulation, and the Technological Revolution

Roger Brownsword

Oxford University Press

This chapter begins by examining the harm principle and the precautionary principle as candidate unproblematic regulative standards for pluralistic communities. It then considers how the ideas of harm and precaution might be interpreted in a community of rights (leading to the thought that, in such a community, it might come to be accepted that the state legitimately exercises a precautionary stewardship). Nanotechnology is used as a test-bed for the community's approach to risk (assessment and management) and to precautionary regulation. Finally, the chapter considers return to proceduralism — how it might function in a community of rights and then noting its limits where regulators face a divided ethical plurality.

Keywords:   harm principle, precautionary principle, pluralistic community, nanotechnology, proceduralism, community of rights

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