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.
The Law Commission of Canada is an independent federal law reform agency that advises Parliament how to improve and modernize Canada's laws.
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