Law and Precaution in the European Risk Society: The Case of EU Environmental Policy

Joseph D. Mathis, L.D.A. Corrias

Research output: Contribution to JournalArticleAcademicpeer-review

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Abstract

Ulrich Beck characterized the transition from modern to late modern society
as a shift from an industrial to a “risk society.” Contemporary society is challenged
by negative side effects (“risks”) of modernization, including the increasing
and imminent threat of global climate change. This article will test the validity of
conceivable prescriptive elements associated with this sociological theory. In doing
so, it will focus on the most recent legal developments aimed at tackling climate
change within the EU. This paper finds that the precautionary approach is unable to
sufficiently shape balanced legal intervention in this day and age. However, the
approach adopted by the EU appears to be more successful in this respect.
Original languageEnglish
Pages (from-to)322-340
Number of pages19
JournalRatio Juris
Volume30
Issue number3
Early online date10 Aug 2017
DOIs
Publication statusPublished - Sept 2017

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