Jump to ContentJump to Main Navigation
Rights, Regulation, and the Technological Revolution$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 August 2019

The Challenge of Regulatory Legitimacy III

The Challenge of Regulatory Legitimacy III

Chapter:
(p.100) 4 The Challenge of Regulatory Legitimacy III
Source:
Rights, Regulation, and the Technological Revolution
Author(s):

Roger Brownsword

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199276806.003.0004

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .