Risks and Legal Theory
In almost every field of law,from tort and contract to environmental law and criminal justice, issues about 'risk' are increasingly of interest to lawyers. At the same time, there has been little general enquiry into the nature of the contact between law and risks. This book argues that ideas about risk have not traditionally been absent from law, as is sometimes supposed. Lawyers and legal theorists have used and conceptualised risk in particular ways, and ideas of risk have had significant influence in key elements of legal theory including questions of justice and responsibility. The book explores the conceptual place of risk across a number of fields of law; and identifies some significant challenges for law and legal theory arising from broader debates about risk. It therefore sheds light on areas that are under-explored despite current interest among lawyers, and aims to provide an accessible guide to emerging controversies and challenges for law in this area while explaining their significance.
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acceptable accidents action actuarial analysis approaches to risk argues argument aspects basis Beck Beck’s beneﬁts chapter Coleman concerned context contract corrective justice costs damage decision decision-making deﬁned deﬁnition deliberative deliberative democracy difﬁculty discussion distributive justice Dworkin ecological modernization effects emphasises environmental Ericson Ewald example expectancy value explored ﬁnd ﬁrst party insurance focus genetic Giddens Hajer hazards Honoré hypothetical idea of risk identiﬁed implications important increasingly individual individualisation inﬂuence issues legal theory liability linked losses methods misfortunes moral luck neo-liberal O’Malley one’s outcome responsibility particular political potential precaution precautionary principle preferences probability problems prospect theory question rational choice theory reason reﬂection reﬂexive respect responsibility for outcomes Ripstein risk assessment risk aversion risk pools risk society risk-creators risk-taking safety scientiﬁc sense signiﬁcant Simon simply social insurance solidarity solutions speciﬁc statistical sufﬁcient suggest techniques terms of risk theorists tion tort law treated uncertainty
Health Law's Kaleidoscope: Health Law Rights in a Global Age
Limited preview - 2008