Regulating Risk Through Private Law
This volume sets out, for nine significant legal systems, an overarching
conception of risk in legal theory, particularly of the linked role of
risk-taking in generating liability and in liability regulating risk. It
is the first book-length comparative attempt to explain what risk-based
reasoning adds to private law, with a core focus on the law of tort.
Taking tort law as the core case study, the book analyzes national
variation in risk understanding, liability, culture and regulation and,
from that, develops a legal framework for understanding and responding
to risk. The volume draws on more than 25 leading scholars of private
law and risk from around the world to develop a coherent and systematic
study of risk. The legal systems included span the common law and civil
law, large and small, codified and uncodified, as well as those with
wider and narrower strict liability rules and causation rules: England
and Wales, France, Sweden, Italy, Spain, the Netherlands, Chile, South
Africa and Brazil. The book is in two parts. Part I will look at an
overview of the whole field, with a particular view on tort law as
common focus; Part II will look to a specific and a national response to
a narrow aspect of risk and analyze it in more detail. Part II has
chapters that range in topic from medical liability (France) to mining
(Chile), and from political theory and the welfare state (Sweden), to
the constitutionalisation of risk protections (South Africa). This
volume is the first multi-handed work on risk to explore what
risk-reasoning adds to private law and how best it can be deployed,
resisted or simply understood. [Subject: Private Law, Legal Theory, Tort
Law]
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