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Law in the Risk Society

Edited by: Ubaldus de Vries, John Fanning

ISBN13: 9789462367500
Published: April 2017
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £60.00



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More than 30 years have passed since Ulrich Beck published Risk Society: Towards a New Modernity. In it, he argued that contemporary Western societies are increasingly preoccupied by, and organised around, considerations of risk. Beck's work had a transformative effect on social theory, yet its impact on law and legal scholarship remains largely unexplored. This collection of essays, collated shortly after Beck's death in 2015, explores and reconsiders the legal foundations, concepts and methodologies of the "modern project" in light of risk society theory.

In this volume, academics and lawyers from around the world engage in one of the first comprehensive interrogations of the impact of risk society theory on law and legal scholarship. The authors critically examine topics such as law and (ir)responsibility, reflexive modernisation, and liability, responsibility and accountability through the prism of risk society theory. This collection aims to explore the capacity of law and legal processes to meet the challenges of modernity and adapt to unfamiliar and changing social paradigms. This collection will interest socio-legal scholars, practitioners and students confronted with the novel dilemmas of contemporary society.

Contents:
List of Contributors
Preface
1. Introduction
2. Introducing the World Risk Society
3. Law in the Risk Society: Challenging Legal Concepts
4. Late-modern complexities and the need for critical legal scholarship - Some thoughts in relation to Professor Scott Veitch's
5. Regulating Risk and a Theory of Social Reflexivity of Law
6. Ethical Dimensions of Risk: Beck and Beyond
7. 'Risk Society' and the Duty of Care in English Law
8. Private Actors
Public Safety - Liability of Private Parties for Providing Inadequate Security
9. Puzzles with uncertain causation in tort law
10. Looking at Law Differently - A Legal
Sociological and Moral Perspective to the Dutch Shell Nigeria Cases
11. Contractual Externalities in the Risk Society - How to Argue for a More Reflexive Contract Law?
12. Contract Law
Responsibility and Global Supply Chains - An Analysis of Contract Law's Involvement in the Commission of Externalities