Laws of Fear

What is 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, DDT, 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. Diverse cultures focus on very different risks, often because social influences and peer pressures accentuate some fears and reduce others. Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called '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.

(Cambridge)

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'Those interested in issues of fear, danger and the law will certainly find that Sunstein presents the discussion in a highly considered and motivated manner. Consequently, this book has the potential to be a contentious addition to the body of literature currently existing on the Precautionary Principle, social fear and risk perception and the regulation thereof.' Cambrian Law Review

'... highly intelligent and stimulating book ...'. Times Literary Supplement

'Sustein's book ... remains an important contribution to the increasingly pressing debate on fear, risk, and the law, and it will be read profitably by anyone interested in these issues. It also presents ideas for approaching problems in moral and political philosophy from a new perspective, thus it is likely to serve as a starting point for many future discussions in these fields.' Logical Analysis and History of Philosophy

(Cambridge)

Cass Sunstein is Karl N. Llewellyn Distinguished Service Professor of Jurisprudence, Law School and Department of Political Science, University of Chicago.

(Cambridge)

Acknowledgements; Introduction; Part I. Problems: 1. Precautions and paralysis; 2. Behind the precautionary principle; 3. Worst case scenarios; 4. Fear as wildfire; Part II. Solutions: 5. Reconstructing the precautionary principle - and managing fear; 6. Costs and benefits; 7. Democracy, rights, and distribution; 8. Libertarian paternalism with Richard Thaler; 9. Fear and liberty; A concluding note: fear and folly; Index.

(Cambridge)