UNCERTAINTY IN THE AXIS OF THE CRITICAL DISCUSSION OF THE MODERN SOCIETY OF PRECAUTION

A few years ago I conceived that modern society was facing the convergence of a multiplicity of risks, which in terms of AUBY and POPPER means that risk is omnipresent in social functioning, and that progress is used by humanity to adapt to change. environment in which it has evolved, to the point of creating new solutions to historical problems, but which open new gaps that impose challenges of rationality to solve them in terms of a social dynamic that seeks a split "well-being".

Scientific, technological and technical developments are offered to meet and satisfy constant human needs (ÄGNES HELLER), so that societies are open to the opportunity to develop activities that go beyond the rationality of law, of the law, of the legal system. ULRICH BECK in the nineties of the twentieth century warned that "when the dangers of industrial society dominate public, political and private debates and conflicts (...) the institutions of industrial society become generators and legitimizers of dangers that they cannot control. This transition takes place in the midst of constant relations of property and power. Industrial society sees and criticizes itself as a risk society”. This lack of control of the dangers turns our modern society into an environment of converging uncertainties that unthinkingly drive decisions, conceptions or measures, which after being applied force us to return to the beginning of their treatment, with the potential affectation of the freedoms of the people who thought they were safeguarded against the monolithic and superseded idea of ​​the State and traditional society, in sophisticated fields and with such rapid evolution that it does not allow an adaptation of society.

At the time ASFORD tells us that the lack of control of risks and convergent uncertainties does not have as a solution the excess or arbitrariness, or the distortion of the powers of organization of society, at the head of the State. This poses a tension between legal rationality and that of the scientific, technological and technical orders, to which society must adapt, so that it responds with an evolution that allows it to adopt the changes to which it is exposed, or on the contrary to resist changes and deny situations, so that the decisions that are adopted are dominated by a consequential rationality that obeys fear, fear and the simple acceptance of the lack of control of dangers, which perhaps are few for what that we will have to face in the near future.