Laws of Fear : Beyond the Precautionary Principle (The Seeley Lectures)

Book Description
This book is about the complex relationship between fear, danger, and the law. Cass Sunstein argues that the precautionary principle is incoherent and potentially paralyzing, as risks exist on all sides of social situations and there is no 'general' precautionary principle as such. His insight into The Laws of Fear represents a major statement for the contemporary world from one of the most influential political and legal theorists writing today.


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This is a book about the relationship between fear, danger, and the law. Cass Sunstein attacks the increasingly influential Precautionary Principle - the idea that regulators should take steps to protect against potential harms, even if causal chains are uncertain and even if we do not know that harms are likely to come to fruition. Focusing on such problems as global warming, terrorism, and genetic engineering, Professor Sunstein argues that the Precautionary Principle is incoherent. Risks exist on all sides of social situations, and precautionary steps create dangers of their own. Professor Sunstein shows that different cultures focus on very different risks, sometimes because it is easy to think of situations in which risks have come to fruition, sometimes because social influences and peer pressures accentuate certain fears. Professor Sunstein contends that societies should adopt a narrow Anti-Catastrophe Principle, designed for the most serious risks, and that they should adopt 'libertarian paternalism', designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security. Laws of Fear represents a major statement from one of the most influential political and legal theorists writing today.


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