Overview

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.

Full Product Details

Author:   Law Commission of Canada
Publisher:   University of British Columbia Press
Imprint:   University of British Columbia Press
Edition:   New edition
Weight:   0.320kg
ISBN:  

9780774811927

ISBN 10:   0774811927
Pages:   224
Publication Date:   01 January 2006
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   Out of stock  
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

"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"

Reviews

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. -- Meghan R. McAvoy Saskatchewan Law Review, vol. 69, 2006

Author Information

The Law Commission of Canada is an independent federallaw reform agency that advises Parliament how to improve and modernizeCanada’s laws.

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