Law and Risk

By Law Commission of Canada
Categories: Law & Legal Studies, Law & Society, Social Sciences, Criminology
Series: Legal Dimensions
Publisher: UBC Press
Hardcover : 9780774811910, 224 pages, May 2005
Paperback : 9780774811927, 224 pages, January 2006
Ebook (PDF) : 9780774851510, 224 pages, October 2007

Table of contents

Contents

Preface

1. On Proof and Probability: Introduction to "Law and
Risk" / William Leiss and Steve E. Hrudey

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

3. Shifting the Burden of Proof: The Precautionary Principle and Its
Potential for the "Democratization" of Risk / Dayna
Nadine Scott

4. Legal Knowledges of Risk / Mariana Valverde, Ron Levi, and Dawn
Moore 5. Evidentiary Principles with Respect to Judicial Review of
Constitutionality: A Risk Management Perspective / Danielle
Pinard

6. Integrating Values in Risk Analysis of Biomedical Research: The
Case for Regulatory and Law Reform / Duff R. Waring and Trudo
Lemmens

Contributors

Index

Description

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.

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