Definition
A substantial risk in the context of the Legal Principle is a type of aggressing whereby a risk of an adverse consequence occurring carries such a high likelihood that it is contrary to the interests of self-ownership.
Discussion
Overview
Creating a substantial risk of committing nonconsensual physical force on another or on what another has justly acquired is treated itself as aggressing.
This type of aggressing makes up the fourth of the eight-listed forms of aggressing.
What is a risk?
A risk is the potential for a known possible adverse outcome occurring.
Risk has two elements:
- likelihood of the consequence occurring
- severity of the consequence if it occurred.
In the case of a substantial risk of nonconsensual physical force on another or on what another has justly acquired, the element of severity is the trigger which gives rise to the question of “how likely is it that this risk will bring about the consequence?”.
Further points
A substantial risk is not just any risk. Living life involves risks of all types. Ordinary risks that we all consent to merely by living life do not qualify as substantial risks. For example, simply breathing the air in the presence of others subjects a person to the ordinary risk of catching a cold. This does not qualify as a substantial risk.
When evaluating risks, we must consider both the likelihood of the risk materializing and the magnitude of the harm that will occur if it does. Our tolerance for risks that could result in the death of thousands of people should be very low. The same is true for smaller risks that are highly likely to materialize. As such, what qualifies as a “substantial risk” is sometimes a gray area on a continuum where reasonable minds equally committed to the Legal Principle in good faith disagree. In such a case, the local community must select which reasonable interpretation to adopt as the law in their local community.
Creating a substantial risk of initiating nonconsensual physical force is one of the eight forms of aggressing (a breach of the Legal Principle).
Examples of Continuum issues
What level of impairment from drugs or alcohol creates a substantial risk for drivers on roads?
What amount of dangerous materials can be stored in a populated area?
Whether someone in possession of a firearm, such as a violent felon, mentally incompetent, or technically incompetent, presents a substantial risk to others. Weapons capable of more significant harm to greater numbers of people at further distances require a different analysis than ordinary handguns.