Industry lawyers realized the importance of historians in tobacco and lead cases many years ago and began recruiting historians into tobacco and lead suits in the 1980s and early 1990s. A substantial number of historians’ briefs now exist making it apparent that a common historical argument serves to protect industries in lawsuits. In what historian Robert Proctor has called agnotology, lawyers for major industries have, with the help of historians, created a new “science” for the creation of doubt and ignorance about industry’s actions in the past. Proctor argues in a number of oral presentations and editorials about the tobacco industry that historical experts testifying for industries have adopted a few basic techniques to undermine plaintiffs’ claims that the tobacco industry bears responsibility for their suffering because the industry knew of danger long ago but failed to warn unsuspecting smokers. [10] Proctor argues that the “new science” of agnotology has a developed a series of generic propositions:
Despite whether knowledge existed within industries of the dangers of a product, that knowledge cannot be considered definitive proof of real danger.
Without absolute certainty about the danger of a product or substance, there was little or no obligation on the part of industries to act to remove their product from the market or to lower exposures to toxic materials within the factory.
More research is needed before doubt can be eliminated.
Causation is extremely difficult to prove and requires years, if not decades, of careful experimentation and observation before “controversy” about the sources of disease can be resolved.
It is necessary to “contextualize” the knowledge of danger to understand that standards of openness have changed over time.
Standards of morality were “different,” meaning not as “advanced,” in the past.
Historians who draw conclusions that indicate industry malfeasance are sloppy, simplistic or biased.
If the danger of this product is undeniable, and it is impossible to deny knowledge of its dangers, argue that the government knew about danger as well and government failed to regulate the industry, making government, not the industry, responsible.
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