Contents:
Part I Introduction
1 Introduction to Risks and Legal Theory
2 Four Perspectives on Risk
1. Risk as a Decision-Making Resource
2. Risk and Collective Technology
3. Risk, Control, and Governmentality
4. Risks and Hazards
5. Conclusion: Legal Theory and Perspectives on
Risk
Part II Risks in Legal Theory—Some Core
Instances
3 Risks, Accidents and Insurance
1. Introduction to Chapters 3 and 4
2. Tort Law, Risk Control, and Insurance
3. Contractual Alternatives
4. Risks versus Uncertainties?
4 Risks, Outcomes, and Personal Responsibility
1. Tony Honoré: Actions as Bets
2. Arthur Ripstein: Liberty and Security
3. The Changing Boundary Between Risks and
Outcomes
5 Distributive Justice, Insurance and the
Individual
1. Egalitarian Individualism and Risk: Dworkin’s
Hypothetical Insurance Market
2. Mutuality and Solidarity
3. Beyond Solidarity? Individualisation,
Differentiation, and Responsibility
4. Conclusions and Comparisons
Part III Environment, Precaution, and Sources of
Change
6 Environmental Regulation, Risk, and Precaution
1. From Expert Systems, to Value Systems? Risk
Assessment, Risk Perception, and ‘Acceptable
Levels’
2. Sources of Change
3. Uncertainty and a Principle of Precaution
Part IV Conclusion
7 Reflections
Index |