Cornucopia and the Grapes of Wrath: A SocialPhilosophical Perspective on the Regulation of Risks and Side-Effects of Food and Drink

Based on a taxonomy of inherent risks and side effects of foodstuffs and beverage, this article analyses, from a social and philosophical perspective the limits of regulation of and responsibility for these risks and side-effects. To what extent does (legal) responsibility apply to consumers, produc...

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Autor principal:	Ubaldus de Vries
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2019
Materias:	risk liability libertarian paternalism risk society reflexivity Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/6f7d2aeb7c0543009c6cc49312973bc6
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spelling	oai:doaj.org-article:6f7d2aeb7c0543009c6cc49312973bc62021-11-08T08:17:04ZCornucopia and the Grapes of Wrath: A SocialPhilosophical Perspective on the Regulation of Risks and Side-Effects of Food and Drink1871-515X10.36633/ulr.545https://doaj.org/article/6f7d2aeb7c0543009c6cc49312973bc62019-12-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/545https://doaj.org/toc/1871-515XBased on a taxonomy of inherent risks and side effects of foodstuffs and beverage, this article analyses, from a social and philosophical perspective the limits of regulation of and responsibility for these risks and side-effects. To what extent does (legal) responsibility apply to consumers, producers, government and other actors? The harm principle of John Stuart Mill, and its meaning in the 21st Century as an organisational principle for the justification of freedom limiting measures, forms the modern frame of reference in our consumption society in the age of liquid modernity. The preliminary conclusion is that law, considering its foundations, is not yet equipped to take justified action against lawful products and services that have potentially adverse consequences. The foundations referred to offer insufficient points of reference if and when we seek to hold on to the lawfulness of these products and services, food and drink stuffs in particular. A way out of this dilemma in the risk society is to think differently about law and its function in liquid modernity in a structural way. It starts with a reflexive attitude towards law as a whole and its foundations of contemporary society. Such an attitude may enable us to come to a readjustment of our mutual expectations for the sake of a new normative framework.The notion of ‘libertarian paternalism’, hailed as a possible solution, proves to be problematic from a legal point of view.Ubaldus de VriesUtrecht University School of Lawarticleriskliabilitylibertarian paternalismrisk societyreflexivityLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 15, Iss 3, Pp 129-141 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	risk liability libertarian paternalism risk society reflexivity Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	risk liability libertarian paternalism risk society reflexivity Law in general. Comparative and uniform law. Jurisprudence K1-7720 Ubaldus de Vries Cornucopia and the Grapes of Wrath: A SocialPhilosophical Perspective on the Regulation of Risks and Side-Effects of Food and Drink
description	Based on a taxonomy of inherent risks and side effects of foodstuffs and beverage, this article analyses, from a social and philosophical perspective the limits of regulation of and responsibility for these risks and side-effects. To what extent does (legal) responsibility apply to consumers, producers, government and other actors? The harm principle of John Stuart Mill, and its meaning in the 21st Century as an organisational principle for the justification of freedom limiting measures, forms the modern frame of reference in our consumption society in the age of liquid modernity. The preliminary conclusion is that law, considering its foundations, is not yet equipped to take justified action against lawful products and services that have potentially adverse consequences. The foundations referred to offer insufficient points of reference if and when we seek to hold on to the lawfulness of these products and services, food and drink stuffs in particular. A way out of this dilemma in the risk society is to think differently about law and its function in liquid modernity in a structural way. It starts with a reflexive attitude towards law as a whole and its foundations of contemporary society. Such an attitude may enable us to come to a readjustment of our mutual expectations for the sake of a new normative framework.The notion of ‘libertarian paternalism’, hailed as a possible solution, proves to be problematic from a legal point of view.
format	article
author	Ubaldus de Vries
author_facet	Ubaldus de Vries
author_sort	Ubaldus de Vries
title	Cornucopia and the Grapes of Wrath: A SocialPhilosophical Perspective on the Regulation of Risks and Side-Effects of Food and Drink
title_short	Cornucopia and the Grapes of Wrath: A SocialPhilosophical Perspective on the Regulation of Risks and Side-Effects of Food and Drink
title_full	Cornucopia and the Grapes of Wrath: A SocialPhilosophical Perspective on the Regulation of Risks and Side-Effects of Food and Drink
title_fullStr	Cornucopia and the Grapes of Wrath: A SocialPhilosophical Perspective on the Regulation of Risks and Side-Effects of Food and Drink
title_full_unstemmed	Cornucopia and the Grapes of Wrath: A SocialPhilosophical Perspective on the Regulation of Risks and Side-Effects of Food and Drink
title_sort	cornucopia and the grapes of wrath: a socialphilosophical perspective on the regulation of risks and side-effects of food and drink
publisher	Utrecht University School of Law
publishDate	2019
url	https://doaj.org/article/6f7d2aeb7c0543009c6cc49312973bc6
work_keys_str_mv	AT ubaldusdevries cornucopiaandthegrapesofwrathasocialphilosophicalperspectiveontheregulationofrisksandsideeffectsoffoodanddrink
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Cornucopia and the Grapes of Wrath: A SocialPhilosophical Perspective on the Regulation of Risks and Side-Effects of Food and Drink

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