2009 Fiscal Year Final Research Report
Responsibility and Risks : Reexamining the Concept of Responsibility in the light of Risk Theory
| Project/Area Number |
19530006
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Fundamental law
|
|---|
| Research Institution | Osaka University |
|---|
Principal Investigator |
NAKAYAMA Ryuichi Osaka University, 大学院・法学研究科, 教授 (00257958)
|
|---|
| Project Period (FY) |
2007 – 2009
|
| Keywords | リスク / 責任 / 予防原則 / 法哲学 / 法と経済学 |
|---|
| Research Abstract |
An inclusive typology of civil liability that encompasses tort law, no-fault system, and precautionary principle was presented through synthesizing the approach of history of legal thought and that of "law and economics". Three possible alternatives of public decision-making in "risk society", namely (1) deliberative democracy, (2) individualization of choices and/or preeminence of the market system, and (3) libertarian paternalism, were also scrutinized, and a renewed and emerging significance of the Rule of Law was discussed.
|
