POLITICAL VIOLENCE AND COMMERCIAL RISK Clive Walker * Introduction A mention of September 11 is likely to trigger mental pictures of extreme violence—of aircraft hitting skyscrapers, of deserted gov- ernment buildings infected with anthrax. One can readily conceive a reaction in policing terms, and such reaction has there been, accompanied by stark images of sensory-deprived and trussed de- tainees in Guantanamo, Cuba, and security officers in contamin- ation suits. One should not underplay the impact upon the Liberal state of its anti-terrorism laws, which have compromised its ideals by way of a derogation designed to excuse its detention of foreign residents, as well as in a myriad of less stark ways as set out in the Anti-terrorism, Crime and Security Act 2001. 1 Yet the policing reaction is wearily predictable and in fair part repetitive, given the existence of the Terrorism Act 2000 and a dozen or so predecessors. Therefore, it may not be so surprising that the main focus of this paper concerns some other aspect of anti-terrorism laws, but it is perhaps less obvious that the spotlight should shine on the reinsur- ance market. Yet it is the treatment of commercial risk which can elucidate several themes of the state we are in. They include aspects of risk which becomes novel or heightened in late modern society, as well as the manner in which a blur of public and private actors respond to these heightened liabilities, not only through legislation but also through forms of contractual governance. 2 The use of * Part of the research for this paper was funded by a grant from the Airey Neave Trust. The author thanks the Trust and also the co-researcher on that project, Dr Martina McGuinness, Sheffield University. 1 See C. Walker, Guide to the Anti-Terrorism Legislation (Oxford, 2002), ch. 8. 2 See I. Macneil, The New Social Contract (New Haven, 1980); P. Vincent-Jones, ‘The limits of contractual order in public sector transacting’ (1994) 14 Legal Studies 364; P. Vincent-Jones, ‘Contractual governance’ (2000) 33 Oxford Journal of Legal Studies 317. Freeman/Current Legal Problems, Vol. 56 Revised Proof 30.12.2003 6:58am page 531