Ridk.

 

July, 1979

Dear Reader:

I am pleased to send you the fourth issue of the Hoffmann-La Roche
Viewpoints series. We are honored to have as the author of our
present essay David L. Bazelon, Senior Circuit Judge of the U. S. L
Court of Appeals for the District of Columbia. Judge Bazelon, in

his paper entitled "Risk and Responsibility ," explores the important
issue of risk regulation in a modern technological and democratic
society. In regulating risks, a central question is posed: How much
is too much, and who decides? Judge Bazelon identifies a "peculiar
problem" of risk regulation, that is, while few would favor risk for
its own sake, "new risks are the inevitable price of the benefits of
progress in an advanced industrial society." The question then is
not whether society will have risks at all, but rather how much risk
and from what sources.

Scientists play an important role. They possess the expertise essential
to understanding the scientific predicates of the hard issues involved
in risk regulation. However, as Judge Bazelon points out, "The
scientific community must not turn its back on the political process to
which we commit societal decisions." Regulators, professionals and
laymen themselves must be involved in the decision-making process.
These different groups must reconcile the sometimes conflicting values
underlying their respective viewpoints. They must cooperate in
achieving a program of risk regulation that "accommodates the best

of scientific learning with the demands of democracy ."

The crucial role of courts in this process is to foster the kind of
dialogue and reflection necessary for thorough issue analysis, Judge
Bazelon contends. Courts can, for example, ensure that both scien-
tific and political decision-makers articulate the basis for their
decisions. The courts can help make sure that all data have been
presented and all subjective value determinations fully explained.
They can secure the openness and candor required for sound
decision-making.

As suggested by Judge Bazelon's essay, a program of proper risk
regulation is a major objective for our society. I am sure you will
agree that these incisive comments represent a valuable contribution
toward achievement of this goal.

Sincerely ,

Ader By Ba
SAdY €- LA

4?