Le principe de précaution entre l’épistémologie et le droit

Abstract

Despite existing justifications of the logic of the precautionary principle, one important difficulty remains at the level of its application. Indeed, it is not certain that we are able to know that a possible (yet unknown) risk is associated at a given action. This epistemological difficulty might give raise to two criticisms from the legal sphere. First, the principle might be accused of implying an unacceptable reversal of the burden of proof. Second, it is definitely imprecise in its legal formulation. Our examination of the genuine application of the precautionary principle by the Council of State will show that legal decisions manage to delimitate an acceptable field of application for the principle in question. Eventually, it is the analysis of social motivations for a legal interpretation of the precautionary principle that will help us to find the foundations of its correct application.