Risks and Legal Theory (Legal Theory Today)

In almost every field of law, from tort and contract to environmental law and criminal justice, issues about "risk" are increasingly of interest to lawyers. At the same time, there has been little general enquiry into the nature of the contact between law and risks. This book argues that ideas about risk have not traditionally been absent from law, as is sometimes supposed. Lawyers and legal theorists have used and conceptualized risk in particular ways, and ideas of risk have had significant influence in key elements of legal theory including questions of justice and responsibility. This book explores the conceptual place of risk across a number of fields of law and identifies some significant challenges for law and legal theory arising from broader debates about risk. It therefore sheds light on areas that are under-explored despite current interest among lawyers, and provides an accessible guide to emerging controversies and challenges for law in this area while explaining their significance.