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Natur og Kultur som Folkehelse - NaKuHel

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INTERNATIONAL SYMPOSIUM<br />

LOCAL COMMONS IN THE ENVIRONMENTAL STATE<br />

Ken Takeshita, Professor, Law School of Kansai University, Osaka, Japan<br />

The increasing refinement of technol<strong>og</strong>y enhances<br />

the accumulation of scientific operating processes,<br />

and the increasing density of processes correspondingly<br />

raises their repercussive influence,<br />

while also increasing the rate of unpredictability.<br />

Through the conjunction of risks which are actualized<br />

as pollution incidents and risks which have<br />

yet to be realized, the dangers which people are exposed<br />

to in contemporary society involve a heightened<br />

degree of risk which constitutes a qualitative<br />

change from the situation previously. This risk is a<br />

continuum stretching from situations where danger<br />

is definite to those where danger exists as a probability<br />

but is not actualized or realized, and on to<br />

situations of apprehension which are not perceived<br />

as dangerous. The overall term for these dangers<br />

and apprehensions is risk, and in this sense contemporary<br />

society is indeed a risk society.<br />

The qualitative change in repercussive effect in the<br />

risk society has also taken place in fields where<br />

scientific prediction should be possible. Nowadays,<br />

when the manipulation of nature through technol<strong>og</strong>y,<br />

is no longer restricted to matter outside the<br />

human body but has invaded its interior, scientific<br />

predictability can be seen as still more difficult.<br />

Originally, the domination of nature by science<br />

meant the control of nature outside the human<br />

body. Humans made use of science and technol<strong>og</strong>y<br />

to protect against threats from nature such as<br />

natural disasters and animal attacks and to modify<br />

nature so as to derive useful resources from it.<br />

Inventions such as the automobile and airplane<br />

cause accidents, but however great the damage<br />

to humans may be, it is nevertheless the result of<br />

external invasion.<br />

However, as illustrated in the examples of drug<br />

damage and food contamination, the risk from<br />

pharmaceuticals and foodstuffs involves nature<br />

within the human body. Here,nature, which supposedly<br />

exists outside the human body, has extended<br />

into its interior via human life support<br />

systems, in parallel with which risk is also internalized.<br />

The fact that risk has thus become interior<br />

for humans is a major distinctive feature of contemporary<br />

risk. The same situation applies also<br />

in environmental risk, in the case of which what<br />

exposes us to risk is not foodstuffs but the ecosystem<br />

which supports human life. The modification<br />

of the human life support system through science<br />

and technol<strong>og</strong>y causes an invasion of the interior<br />

of the human body through the medium of the<br />

ecosystem.<br />

Given this situation, the governing orientation<br />

of the environmental state must emphasize the<br />

preservation of the natural environment. From<br />

this standpoint, stewardship to preserve the ecosystem<br />

in the form of the natural environment is<br />

important. Moreover, given the current situation<br />

in which nature is being invaded, this stewardship<br />

must not only be in affinity with the ecosystem, but<br />

must also be regenerative. In this connection, the<br />

utilization and preservation of traditional commons<br />

has adopted sustainable forms promoting symbiosis<br />

with nature, and has been in agreement with<br />

the orientation described here.<br />

By living in the locality, the community which<br />

is the managing agent of the commons is, as it<br />

were, integrated as part of the ecosystem, so that<br />

the continuation of its livelihood requires the<br />

preservation of the ecosystem. However, historic<br />

development suggests that it will not be possible<br />

to remove<br />

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