The risk of risk society and limits of law
Journal title SOCIOLOGIA DEL DIRITTO
Author/s Raffaele De Giorgi
Publishing Year 2009 Issue 2009/2
Language English Pages 9 P. 59-67 File size 50 KB
DOI 10.3280/SD2009-002004
DOI is like a bar code for intellectual property: to have more infomation
click here
Below, you can see the article first page
If you want to buy this article in PDF format, you can do it, following the instructions to buy download credits
FrancoAngeli is member of Publishers International Linking Association, Inc (PILA), a not-for-profit association which run the CrossRef service enabling links to and from online scholarly content.
<em>The Risk of Risk Society and the Limits of Law </em> - What is represented as risk in the risk society? Does this question concern the operations of society’s structure, or does it concern the semantics through which society observes itself? And finally, can law reduce risk, or is it a risk-factor in itself? The theoretical perspective proposed in this essay is the one offered by Luhmann’s theory of society. Indeed, only this perspective enables us to deconstruct current representations of risk and the legal system and to advance a description more attuned to the complexity of modern society. The article’s main hypothesis is that risk is a structural feature of modern society’s complexity. Risk is built in the process of temporalisation of modern society, in its symbiosis with the future, in the paradoxical nature of the present, and in the ecology of non-knowledge. Both risk and law are techniques aimed at constraining time while reducing uncertainty and non-knowledge about the future. Modern society treats the future as a risk that depends on decisions. In turn, modern law’s self-recognition relies upon its capacity to control risk. However, the author argues that this process is highly problematic and risky. In fact, law cannot forbid, stop, or prevent risk: it can only resort to strategies aimed at reducing the riskiness of the juridical treatment of risk.
- Beyond Uncertainties in the Sharing Economy: Opportunities for Social Capital Mariana Zuleta Ferrari, in European Journal of Risk Regulation /2016 pp.664
DOI: 10.1017/S1867299X00010102 - Governare il futuro. Materiali per una sociologia giuridica del rischio Giuseppe Campesi, in SOCIOLOGIA DEL DIRITTO 2/2015 pp.35
DOI: 10.3280/SD2014-002002 - Regulating Undercover Law Enforcement: The Australian Experience Brendon Murphy, pp.187 (ISBN:978-981-33-6380-9)
- Regulating Undercover Law Enforcement: The Australian Experience Brendon Murphy, pp.261 (ISBN:978-981-33-6380-9)
Raffaele De Giorgi, The risk of risk society and limits of law in "SOCIOLOGIA DEL DIRITTO " 2/2009, pp 59-67, DOI: 10.3280/SD2009-002004