Precautionary PrinciPLe and normativity

Abstract

the precautionary principle is objet of an intense discussion in different legal
orders. it is easy to understand the reason why: the regulation of risks
challenges the legal thought. the positivist approach has shown its limits. it is
now important to ask ourselves about the way in which we can deal with
uncertainty effectively. the task is difficult, but we can point out two different
aspects.
Firstly, it is important to understand the complexity of the technological risks in
a transdisciplinary way. this is an unavoidable step in evaluating the ability of
the law to prevent them. Secondly, the precautionary principle presupposes a
pluralistic conception of nature in which the economic sphere can be seen as a
tool to express the relationship between man and nature