Modelling risks and Vulnerabilities: legal implications and protection of the Law, Law Text Culture: Who needs the protection of the Law

Who does the law protect? Who needs law's protection? In the emergence of what is called by some the 'risk society', all branches of the criminal justice system have developed laws, guidelines and protocols specifically directed at the protection of the most vulnerable people or populations at risk.Some academic disciplines, legislation, policies and procedures fail to make the distinction between the concepts of vulnerability and 'at risk' and both expressions are more often than not used as synonyms. However, a clear distinction should be made between the two.This paper first portrays a model which establishes a clear distinction between both concepts, making one the consequence of the other. The model helps refine the assessments of risks and resulting levels of vulnerability, therefore uncovering 'new' vulnerable populations which have not been identified as such in the past.The presentation of this model is followed by the legal repercussions of the emergence of these new populations. We will present case studies within which the model not only helps identify new security protocols or pinpoints breaches in protection or defence mechanisms, but also insists on how the law affects levels of vulnerability according to specific political and social criteria. We will conclude in answering the questions of who society tries to protect, how public policy influences this choice and if indeed, law succeeds in protecting everyone in society.