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

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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.