2009 Fiscal Year Final Research Report

Responsibility and Risks : Reexamining the Concept of Responsibility in the light of Risk Theory

Research Project

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.

(6 results)