Jurisprudence of Preventive/Precautionary Intervention

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The initial objective of this study was to explore the theoretical tension between consequential realism (or legal instrumentalism) and deontological arguments concerning conceptions of liberty and human rights in implementing “preventive/precautionary” measures, especially in the context of discussion over criminal justice and foreign policies. However, through the experiences of the explosion of the Fukushima nuclear power plants and its aftermath, it became clear that the study should cover the extensive re-examination of the jurisprudential survey on “prevention/precaution” against scientific uncertainty and the validity of the intervention in the name of “emergency”.