Law and Risk
The study and practice of risk analysis, risk management, and thecommunication of risk has been the subject of heated debates. This isno less so when law is added to the mix. Despite the law’sconstant search for certainty, the concept of risk itself is inherentlyuncertain. From the precautionary principle to the role of researchethics boards, risk remains a value-laden term, difficult to define andeven more difficult to address.
This book looks at law and risk in a variety of contexts andprovides insight into how courts use and interpret risk and how the lawallocates risk, as well as examining the regulation of riskyactivities. To demonstrate the linkages between law and risk, theessays tackle some difficult topics, including dangerous offenders, sexoffender notification, drug courts, genetic research, pesticide use,child pornography, and tobacco advertising.
This careful consideration of whether the law adequately andappropriately responds to risk will be of interest to students andscholars of law and the social sciences, as well as to lawpractitioners and lawmakers.
This in-depth collection highlights the complexities and problems association with legislating and prosecuting offences based on risk ... This collection provides a very persuasive and analytical discussion in an area of emerging significance ... in highlighting the competing values in this area, the authors generate discussion which will hopefully prompt a movement towards a more coherent and workable approach to risk in law.
law reform agency that advises Parliament how to improve and modernize
Canada’s laws.
Contents
Preface
1. On Proof and Probability: Introduction to "Law andRisk" / William Leiss and Steve E. Hrudey
2. Use of Risk Assessments by Canadian Judges in the Determinationof Dangerous and Long-Term Offender Status, 1997-2002 / DavidMacAlister
3. Shifting the Burden of Proof: The Precautionary Principle and ItsPotential for the "Democratization" of Risk / DaynaNadine Scott
4. Legal Knowledges of Risk / Mariana Valverde, Ron Levi, and DawnMoore 5. Evidentiary Principles with Respect to Judicial Review ofConstitutionality: A Risk Management Perspective / DaniellePinard
6. Integrating Values in Risk Analysis of Biomedical Research: TheCase for Regulatory and Law Reform / Duff R. Waring and TrudoLemmens
Contributors
Index
