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Law and Precaution in the European Risk Society: The Case of EU Environmental Policy
Author(s) -
Mathis Joseph D.,
Corrias Luigi D.A.
Publication year - 2017
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/raju.12165
Subject(s) - risk society , modernization theory , precautionary principle , climate change , political science , intervention (counseling) , industrial society , law and economics , sociology , environmental ethics , political economy , law , economics , economy , social science , psychology , philosophy , ecology , psychiatry , biology
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.