ABSTRACT
This paper offers an articulation and defence of the modal account of legal risk in light of a range of objections that have been proposed against this view in the recent literature. It is argued that these objections all trade on a failure to distinguish between the modal nature of risk more generally, and the application of this modal account to particular decision-making contexts, such as legal contexts, where one must rely on a restricted body of information. It is argued that once the modal account of legal risk is properly understood as involving information-relative judgements about the modal closeness of the target risk event, the objections to the view are neutralized.
Duncan Pritchard, In defence of the modal account of legal risk, Synthese volume 200, article number 290 (2022). Published 7 July.
First posted 2022-07-07 15:00:34
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