Sweeteners Issues and Uncertainties (1975) / Chapter Skim
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Appendix B
Appendix B
Pages 244-250
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From page 244... ...
By and large, there has been little dispute as to facts, including scientific analysis and even some opinion as well as observed data -so long only as pure scientific conclusion is not considered "fact." If informed scientists cannot agree under such circumstances, what is the layperson to do? By classical definition, a layperson is of course even less competent to evaluate such disputed expert scientific conclusion than the scientific ingredients of opinion, analysis or data.
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From page 245... ...
When a scientist says "the risk is acceptable," he is expressing a view made up of scientific observation (data) ; scientific analysis; scientific opinion -- about which there is often little dispute; and personal judgment derived from general background -- about which understandably there may be many differences.
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From page 246... ...
The procedural rule-of-reason is thus in sharp contrast to that part of the traditional adversary legal process that permits and all too often actually encourages use of procedural weapons, such as delay, concealment, or personal abuse, for tactical purpose in an effort to reach a desired result. The old adversary system fails to recognize the enormous changes in social attitudes that have taken place since World War II, especially regarding civil rights and the environment.
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From page 247... ...
of a party's attempt to defend against a charge of product defect by reference to the "peculiar" sex life of the complaining individual. The public may not be able to understand all the conceptual economic considerations involved in determining whether manufacturing and marketing conduct is anticompetitive; it can draw conclusions adverse to a defense of fair competition where there has been willful destruction of the means to recapture relevant data regarding such activity.
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From page 248... ...
Rule-of-reason accordingly means that even the most confidential internal discussions and decisions will not prove embarrassing if publicly disclosed. Private conversations can, of course, be more frank, open, and free than those in public, but the substance of statements made and actions taken will be the same whether on "center stage" or in the intimacy of a small office.
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From page 249... ...
Although the precise extent of that effort may vary with the nature of the problem, the number of organizations involved, the effect on other priorities and similar considerations, it will be consistent with stated overall responsibility to solution of the problem. Certainly science has not yet realized its proper place in the societal decision process, particularly within the executive branch of the federal government.
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From page 250... ...
To my doubting legal colleagues I therefore say, "Try it -- you'll like it." All segments of society, including government, private industry, civil rights, environmental and political organizations, and individuals, have much to contribute to the process by which major societal issues are resolved. Each should participate in formulating the final decision.
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