Imposing Risk: A Normative FrameworkWe subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights these important but neglected questions and offers novel answers to them in a systematic way, constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence. |
Contents
Introduction | 1 |
Challenging the Very Idea | 15 |
2 Moralizing Risk | 35 |
3 The Moral Significance of Risking | 67 |
4 A Right Against Risking | 93 |
5 Justifiable Risking | 131 |
| 155 | |
| 161 | |
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Common terms and phrases
account of risk action agents argue argument belief-relative believe Bloggs characterization of risk claim conception of risk consequentialist contractualism contractualist deadly risks depends diminish autonomy driving duty entail epistemic evidence-relative perspective evidence-relative reasonable person example fact-relative perspective foreclose framework of risk H. L. A. Hart highways Ibid imposing risk infringement infringing/violating distinction interpersonal intrapersonal aggregation Joel Feinberg John Oberdiek Joseph Raz Judith Jarvis Thomson justified lives material harm McCarthy moral context moral framework moral residue moral significance morality of risking morally relevant normative reasons objective risk Oxford University Press Perry's perspective-indifference Philosophy probability pure risk put at risk reasonable person perspective reference class problem relative frequency right against risking risk imposition Risk Thesis risky activity risky conduct second-order interest sense significance of risking someone specificationism Stephen Perry subjective account sufficiently normative supra note T. M. Scanlon theory of rights Thomas Nagel tion tive tort law violation wrong