Law and risk / edited by the Law Commission of Canada.

Format:

Book

Author/Creator:

Law Commission of Canada, Author.

Contributor:

Law Commission of Canada.

Series:

Legal dimensions series ; 4.

Legal dimensions series, 1701-2317 ; 4

Language:

English

Subjects (All):

Law--Canada.

Law.

Risk assessment--Canada.

Risk assessment.

Risk management--Canada.

Risk management.

Risk communication--Canada.

Risk communication.

Physical Description:

1 online resource (219 p.)

Edition:

1st ed.

Place of Publication:

Vancouver : UBC Press, c2005.

Language Note:

English

Summary:

The study and practice of risk analysis, risk management, and the communication of risk has been the subject of heated debates. This is no less so when law is added to the mix. Despite the law's constant search for certainty, the concept of risk itself is inherently uncertain. From the precautionary principle to the role of research ethics boards, risk remains a value-laden term, difficult to define and even more difficult to address. This book looks at law and risk in a variety of contexts and provides insight into how courts use and interpret risk and how the law allocates risk, as well as examining the regulation of risky activities. To demonstrate the linkages between law and risk, the essays tackle some difficult topics, including dangerous offenders, sex offender notification, drug courts, genetic research, pesticide use, child pornography, and tobacco advertising. This careful consideration of whether the law adequately and appropriately responds to risk will be of interest to students and scholars of law and the social sciences, as well as to law practitioners and lawmakers.

Contents:

Front Matter

Contents

Preface

On Proof and Probability: Introduction to "Law and Risk"

Use of Risk Assessments by Canadian Judges in the Determination of Dangerous and Long-Term Offender Status, 1997-2002

Shifting the Burden of Proof: The Precautionary Principle and Its Potential for the "Democratization" of Risk

Legal Knowledges of Risks

Evidentiary Principles with Respect to Judicial Review of Constitutionality: A Risk Management Perspective

Integrating Values in Risk Analysis of Biomedical Research: The Case for Regulatory and Law Reform

Contributors

Index

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references (p. 194-199) and index.

ISBN:

0-7748-5151-1

OCLC:

180772844