Law and science: risk assessment and risk management in the WTO agreement on the application of sanitary and phytosanitary measures

Assessing and managing risks relating to the consumption of food stuffs for humans and to the environment has been one of the most complex legal issues in WTO law, ever since the Agreement on Sanitary and Phytosanitary Measures was adopted at the end of the Uruguay Round and entered into force in 1995. The problem was expounded in a number of cases. Panels and the Appellate Body adopted different philosophies in interpreting the agreement and the basic concept of risk assessment as defined in Annex A para. 4 of the Agreement. Risk assessment entails fundamental question on law and science. Different interpretations reflect different underlying perceptions of science and its relationship to the law. The present thesis supported by the Swiss National Research Foundation undertakes an in-depth analysis of these underlying perceptions. The author expounds the essence and differences of positivism and relativism in philosophy and natural sciences. He clarifies the relationship of fundamental concepts such as risk, hazards and probability. This investigation is a remarkable effort on the part of lawyer keen to learn more about the fundamentals based upon which the law – often unconsciously – is operated by the legal profession and the trade community. Based upon these insights, he turns to a critical assessment of jurisprudence both of panels and the Appellate Body. Extensively referring and discussing the literature, he deconstructs findings and decisions in light of implied and assumed underlying philosophies and perceptions as to the relationship of law and science, in particular in the field of food standards. Finding that both positivism and relativism does not provide adequate answers, the author turns critical rationalism and applies the methodologies of falsification developed by Karl R. Popper. Critical rationalism allows combining discourse in science and law and helps preparing the ground for a new approach to risk assessment and risk management. Linking the problem to the doctrine of multilevel governance the author develops a theory allocating risk assessment to international for a while leaving the matter of risk management to national and democratically accountable government. While the author throughout the thesis questions the possibility of separating risk assessment and risk management, the thesis offers new avenues which may assist in structuring a complex and difficult problem

Prometheus on Mars: Nineteenth-Century Science Fiction and the Language of Romanticism

The development of astrophysics in the nineteenth century drew mankind closer to the planets. For the first time, it was possible to give serious scientific consideration to the possibilities for life on other planets. The greatest leap, however, was in recognizing what was not known, and acknowledging the limits of human intuition. ‘Ideas,’ wrote Agnes M. Clerke, ‘have all at once become plastic’. As the scientific community tested the limits of scientific understanding, it became the role of science-fiction writers to imagine the universe beyond these limits. This paper will examine the ways in which nineteenth-century science fiction used the inheritance of the poetic language of Romanticism to reinstate the centrality of human being in the universe. I will explore the ways in which writers such as Edward Bulwer-Lytton (The Coming Race, 1871) and W. S. Lach-Szyrma (Aleriel, 1883) extended the Byronic hero to envisage extra-terrestrial utopias. The Hegelian systematic mythology described by Byron and Shelley had reimagined paradise and redemption on earth. Through science fiction, this mythology extended out towards the stars. A discourse on the possibilities of extra-terrestrial life became a Romantic discourse on the possibilities of being. The Byronic hero could now find a home not by escaping the shackles of religion, but as an angelic citizen of Venus or Mars. In this way, the paper will explore how science-fiction writers appropriated the language of Romantic poetry to build a bridge between the framework of scientific knowledge and the extent of human imagination.

A changing climate of skepticism: The factors shaping climate change coverage in the US press

Skepticism toward climate change has a long tradition in the United States. We focus on mass media as the conveyors of the image of climate change and ask: Is climate change skepticism still a characteristic of US print media coverage? If so, to what degree and in what form? And which factors might pave the way for skeptics entering mass media debates? We conducted a quantitative content analysis of US print media during one year (1 June 2012 to 31 May 2013). Our results show that the debate has changed: fundamental forms of climate change skepticism (such as denial of anthropogenic causes) have been abandoned in the coverage, being replaced by more subtle forms (such as the goal to avoid binding regulations). We find no evidence for the norm of journalistic balance, nor do our data support the idea that it is the conservative press that boosts skepticism.

Source Memory for Mental Imagery: Influences of the Stimuli’s Ease of Imagery.

The present study investigated how ease of imagery influences source monitoring accuracy. Two experiments were conducted in order to examine how ease of imagery influences the probability of source confusions of perceived and imagined completions of natural symmetric shapes. The stimuli consisted of binary pictures of natural objects, namely symmetric pictures of birds, butterflies, insects, and leaves. The ease of imagery (indicating the similarity of the sources) and the discriminability (indicating the similarity of the items) of each stimulus were estimated in a pretest and included as predictors of the memory performance for these stimuli. It was found that confusion of the sources becomes more likely when the imagery process was relatively easy. However, if the different processes of source monitoring-item memory, source memory and guessing biases-are disentangled, both experiments support the assumption that the effect of decreased source memory for easily imagined stimuli is due to decision processes and misinformation at retrieval rather than encoding processes and memory retention. The data were modeled with a Bayesian hierarchical implementation of the one high threshold source monitoring model.