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101 Emergency and Protection of the Environment in the 'Risk Society' Rosario Ferrara* I. Introduction Just since the last decade the public law scholars have knowingly handled the controversial issues concerning the 'risk society', whereas in the private law area the concepts of chance, hazard (`alea') and risk, strictly speaking, are not only dealt with since a long time, but are definitely and firmly established.' The Hanseatic, Florentine and Lombardic mer- chant discovered in the Middle Age2 the signifi- cance of the risk - of the enterprise risk one might say - and upon it he structured his business activi- ty and even his own life. And, together with the risk, the value itself of Time came to play a new directing role, once an unlimited and available enti- ty then becoming afterwards an organised value which, above all, was scanned and measured by the material happenings of every day's life.3 3 On the other hand, it is nothing new to remark that the concept of risk is from the beginning deeply and tightly intertwined with those of uncer- tainty and emergency. Uncertainty, however, is different from risk, in that the former shall not be easily to determine
Journal for European Environmental & Planning Law – Brill
Published: Jan 1, 2006
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