Governing Risks

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ISBN: 9780754625070 | 0754625079
Cover: Hardcover
Copyright: 1/28/2006

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Contemporary law and government are increasingly characterized by a focus on risk. Fields such as health, psychiatry, criminal justice, vehicle safety, urban design and environmental governance all provide examples of settings in which problems are dealt with as risks. In this volume, the most influential examinations and interpretations of this major trend have been brought together, in order to make clear the range and diversity, the spread and penetration of risk in contemporary societies.

Acknowledgements

vii

Series Preface

Introduction

PART I RISK, POLITICS AND INEQUALITY

1 Theodore J. Lowi (1990), 'Risks and Rights in the History of American Governments', Daedalus, 119, pp. 17-40.

(24)

2 Deborah A. Stone (1989), 'At Risk in the Welfare State', Social Research, 56, pp. 591-633.

(44)

3 Lealle Ruhl (1999), 'Liberal Governance and Prenatal Care: Risk and Regulation in Pregnancy', Economy and Society, 28, pp. 95-117.

(24)

4 Jonathan Simon (1988), 'The Ideological Effects of Actuarial Practices', Law and Society Review, 22, pp. 771-800.

(32)

PART II RISK, PRIVATE LAW AND JUSTICE

5 Lawrence M. Friedman and Jack Ladinsky (1967), 'Social Change and the Law of Industrial Accidents', Columbia Law Review, 67, pp. 50-82.

127

(34)

6 Kenneth S. Abraham and Lance Liebman (1993), 'Private Insurance, Social Insurance, and Tort Reform: Toward a New Vision of Compensation for Illness and Injury', Columbia Law Review, 93, pp. 75-118.

161

(44)

7 George L. Priest (1990), 'The New Legal Structure of Risk Control', Daedalus, 119, pp. 207-27.

205

(22)

8 Jane Stapleton (1995), 'Tort, Insurance and Ideology', Modern Law Review, 58, PP. 820 15.

227

(28)

PART III RISK, CRIMINAL LAW AND JUSTICE

9 Pat O'Malley (1992), 'Risk, Power and Crime Prevention', Economy and Society, 21, pp. 252-75.

255

(24)

10 Jonathan Simon (1998), 'Managing the Monstrous: Sex Offenders and the New Penology', Psychology, Public Policy and Law, 4, pp. 452-67.

279

(16)

11 Kelly Hannah-Moffat (1999), 'Moral Agent or Actuarial Subject: Risk and Canadian Women's Imprisonment', Theoretical Criminology, 3, pp. 71-94.

295

(24)

12 Hazel Kemshall and Mike Maguire (2001), 'Public Protection, "Partnership" and Risk Penality', Punishment and Society, 3, pp. 237-64.

319

(30)

PART IV RISK, UNCERTAINTY AND ECONOMIC LIFE

13 Pat O'Malley (2000), 'Uncertain Subjects. Risks, Liberalism and Contract', Economy and Society, 29, pp. 460-84.

349

(26)

14 Gary Wilson (2000), 'Business, State, and Community: "Responsible Risk Takers", New Labour, and the Governance of Corporate Business', Journal of Law and Society, 27, pp. 151-77.

375

(28)

15 D. Knights and T. Vurdubakis (1993), 'Calculations of Risk: Towards an Understanding of Insurance as a Moral and Political Technology', Accounting, Organizations and Society, 18, pp. 729-64.

403

(36)

16 Roy Kreitner (2000), 'Speculations of Contract, or How Contract Law Stopped Worrying and Learned to Love Risk', Columbia Law Review, 100, pp. 1096-138.

439

(46)

PART V RISK, HEALTH AND TECHNOLOGY

17 Nikolas Rose (1998), 'Governing Risky Individuals: The Role of Psychiatry in New Regimes of Control', Psychiatry, Psychology and Law, 5, pp. 177-95.

485

(20)

18 Nikolas Rose (2000), 'The Biology of Culpability Pathological Identity and Crime Control in a Biological Culture', Theoretical Criminology, 4, pp. 5-34.

505

(30)

19 François Ewald (1999), 'The Return of the Crafty Genius: An Outline of a Philosophy of Precaution', Connecticut Insurance Law Journal, 6, pp. 47-79.

535

(34)

Name Index

569

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