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CONCEPTS OF RISK AND SAFETY IN TOXIC SUBSTANCES REGULATION: A COMPARISON OF FRANCE AND THE U.S.
Author(s) -
Brickman Ronald,
Jasonoff Sheila
Publication year - 1980
Publication title -
policy studies journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.773
H-Index - 69
eISSN - 1541-0072
pISSN - 0190-292X
DOI - 10.1111/j.1541-0072.1980.tb00948.x
Subject(s) - legislator , statutory law , politics , political science , public administration , law and economics , public economics , law , sociology , economics , legislation
The notions of risk and safety which play a conspicuous role in the regulation of toxic substances have shown a markedly different evolution in France and the United States. American law has moved toward the development of statutory criteria of risk assessment, balancing both the costs and benefits of regulation, while the French legislator has consistently avoided a substantive elaboration of safety concepts through legal texts. This contrast is documented and its implications for the discretionary authority of regulating agencies discussed. Divergent national patterns are explained with reference to four factors distinguishing the legal and political systems of the two countries.