Risk, worry, commons snese, economic progress, technological innovation, precautionary principle
In their ordinary lives, many people try to avoid any situation involving risk that could cause themselves harm. On the otherhand, others assume risk with greater facility because they are not sufficiently aware of it, or because they know that the probability of resulting damage is very low. Overwhelming worry in the face of any kind of risk would be paralyzing (we would not leave the house, eat in any restaurant outside of our home, drive, or fly). On the contrary, an attitude absolutely heedless of risks would end up causing innumerable damages, some of them irreparable. Common sense suggests to us that we should face daily risks in a reasonable and sensible manner. In the scope of normative regulation in the hands of parliaments and governments, something similar happens. Excessively protectionist regulation in the face of risks can be a brake or an obstacle to economic progress. In contrast, the uncontrolled release of technological innovation can generate irreparable harm for humanity and the world. The idea of caution when dealing with risk is generally shared by jurists. In fact, "law" is pure caution, prudentia iuris.
Recuerda, M. A. (2021). Dangerous Interpretations of the Precautionary Principle and the Foundational Values of European Union Food Law: Risk versus Risk. Journal of Food Law & Policy, 4(1). Retrieved from https://scholarworks.uark.edu/jflp/vol4/iss1/3