Contributions To Law Philosophy And Ecology

Author : Ruth Thomas-Pellicer,Vito De Lucia,Sian Sullivan
Publisher : Routledge
Page : 299 pages
File Size : 44,7 Mb
Release : 2016-05-26
Category : Law
ISBN : 9781317527343

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Contributions to Law, Philosophy and Ecology by Ruth Thomas-Pellicer,Vito De Lucia,Sian Sullivan Pdf

Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory, and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection comprises eleven contributions approaching re-embodiments from a multiplicity of fields, including legal theory, eco-philosophy, eco-feminism and anthropology. The contributions are organized into three parts: ‘Beyond Modernity’, ‘The Sacred Dimension’ and ‘The Legal Dimension’. The collection is opened by a comprehensive introduction that situates re-embodiments in theoretical context. Whilst closely bound with embodiment and new materialist theory, this book contributes a unique voice that echoes diverse political processes contemporaneous to our times. Written in an elegant and accessible language, the book will appeal to undergraduates, postgraduates and established scholars alike seeking to understand and take re-embodiments further, both politically and theoretically.

Author : Michelle Maloney,Peter Burdon
Publisher : Routledge
Page : 288 pages
File Size : 41,5 Mb
Release : 2014-03-05
Category : Law
ISBN : 9781136008320

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Wild Law - In Practice by Michelle Maloney,Peter Burdon Pdf

Wild Law - In Practice aims to facilitate the transition of Earth Jurisprudence from theory into practice. Earth Jurisprudence is an emerging philosophy of law, coined by cultural historian and geologian Thomas Berry. It seeks to analyse the contribution of law in constructing, maintaining and perpetuating anthropocentrism and addresses the ways in which this orientation can be undermined and ultimately eliminated. In place of anthropocentrism, Earth Jurisprudence advocates an interpretation of law based on the ecocentric concept of an Earth community that includes both human and nonhuman entities. Addressing topics that include a critique of the effectiveness of environmental law in protecting the environment, developments in domestic/constitutional law recognising the rights of nature, and the regulation of sustainability, Wild Law - In Practice is the first book to focus specifically on the practical legal implications of Earth Jurisprudence.

Author : Daniel P. Corrigan,Markku Oksanen
Publisher : Routledge
Page : 147 pages
File Size : 41,7 Mb
Release : 2021-05-16
Category : Law
ISBN : 9781000386134

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Rights of Nature by Daniel P. Corrigan,Markku Oksanen Pdf

Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders and analyzes legal cases, policies, and philosophical issues relating to this development. Drawing on contributions from a range of experts in the field, Rights of Nature: A Re-examination investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone’s influential 1972 article "Should Trees Have Standing?," the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy.

Author : Moa De Lucia Dahlbeck
Publisher : Routledge
Page : 186 pages
File Size : 53,8 Mb
Release : 2020-09-30
Category : Electronic
ISBN : 0367665514

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Spinoza, Ecology and International Law by Moa De Lucia Dahlbeck Pdf

This book addresses the use of Benedict Spinoza's philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has - as evidenced in the recent UN report series Harmony with Nature - come to invite calls for a new eco-centric, rather than anthropocentric, legal paradigm. In this respect, Spinoza appears as a key figure. He is one of the few philosophers in the history of western philosophy who cares, and writes extensively, about the roots of anthropocentrism; the core issue of contemporary normative debates in ecology. And in response to the rapidly developing ecological crisis, his work has become central to a re-thinking of the human relationship with nature. Addressing the contention that Spinoza's ethics might provide a useful source for developing a new, eco-centred framework for environmental law, this book elaborates a more nuanced understanding of Spinoza's philosophy. Spinoza cannot, it is argued here, simply be reduced to an eco-ethicist. That is: his metaphysics cannot be used as basis of an essentially naturalised or extended human morality. At the same time, however, this book argues that the radicality of Spinoza's naturalism nevertheless offers the possibility of developing a more adequate ecological basis for environmental law.

Author : Markku Oksanen,Ashley Dodsworth,Selina O'Doherty
Publisher : Routledge
Page : 322 pages
File Size : 54,5 Mb
Release : 2017-09-05
Category : Business & Economics
ISBN : 9781351742511

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Environmental Human Rights by Markku Oksanen,Ashley Dodsworth,Selina O'Doherty Pdf

The nature of environmental human rights and their relation to larger rights theories has been a frequent topic of discussion in law, environmental ethics and political theory. However, the subject of environmental human rights has not been fully established among other human rights concerns within political philosophy and theory. In examining environmental rights from a political theory perspective, this book explores an aspect of environmental human rights that has received less attention within the literature. In linking the constraints of political reality with a focus on the theoretical underpinnings of how we think about politics, this book explores how environmental human rights must respond to the key questions of politics, such as the state and sovereignty, equality, recognition and representation, and examines how the competing understandings about these rights are also related to political ideologies. Drawing together contributions from a range of key thinkers in the field, this is a valuable resource for students and scholars of human rights, environmental ethics, and international environmental law and politics more generally.

Author : Robert Jay Goldstein
Publisher : Ashgate Publishing
Page : 734 pages
File Size : 43,7 Mb
Release : 2004
Category : Law
ISBN : PSU:000054176607

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Environmental Ethics and Law by Robert Jay Goldstein Pdf

This collection explores a broad range of topics approaching environmental ethics from many different angles. A common thread running through the volume is the analysis of ethical principles as the backbone of practical policies and law for the benefit of the environment, and ultimately for the benefit of its inhabitants. The contributors are all at the forefront of their respective fields and fall into two essential categories: well-established scholars in the field of environmental ethics; and a group of newer voices that have followed what might be characterized as the first wave of environmental ethics scholarship.

Author : J. Michael Martinez
Publisher : CRC Press
Page : 435 pages
File Size : 40,6 Mb
Release : 2013-06-20
Category : Law
ISBN : 9781466559707

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American Environmentalism by J. Michael Martinez Pdf

Protecting the natural environment and promoting sustainability have become important objectives, but achieving such goals presents myriad challenges for even the most committed environmentalist. American Environmentalism: Philosophy, History, and Public Policy examines whether competing interests can be reconciled while developing consistent, coherent, effective public policy to regulate uses and protection of the natural environment without destroying the national economy. It then reviews a range of possible solutions. The book delves into key normative concepts that undergird American perspectives on nature by providing an overview of philosophical concepts found in the western intellectual tradition, the presuppositions inherent in neoclassical economics, and anthropocentric (human-centered) and biocentric (earth-centered) positions on sustainability. It traces the evolution of attitudes about nature from the time of the Ancient Greeks through Europeans in the Middle Ages and the Renaissance, the Enlightenment and the American Founders, the nineteenth and twentieth centuries, and up to the present. Building on this foundation, the author examines the political landscape as non-governmental organizations (NGOs), industry leaders, and government officials struggle to balance industrial development with environmental concerns. Outrageous claims, silly misrepresentations, bogus arguments, absurd contentions, and overblown prophesies of impending calamities are bandied about by many parties on all sides of the debate—industry spokespeople, elected representatives, unelected regulators, concerned citizens, and environmental NGOs alike. In lieu of descending into this morass, the author circumvents the silliness to explore the crucial issues through a more focused, disciplined approach. Rather than engage in acrimonious debate over minutiae, as so often occurs in the context of "green" claims, he recasts the issue in a way that provides a cohesive look at all sides. This effort may be quixotic, but how else to cut the Gordian knot?

Author : Tim Hayward,John O'Neill
Publisher : Routledge
Page : 328 pages
File Size : 45,7 Mb
Release : 2018-12-20
Category : Social Science
ISBN : 9780429837791

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Justice, Property and the Environment by Tim Hayward,John O'Neill Pdf

First published in 1997, this book discusses the interplaying factors environmental issues have on justice and property and other social problems. Endeavouring create a discourse on what sustainability means in implementation, each of the contributors to this book approaches this via different theoretical viewpoints.

Author : Ugo Mattei,Alessandra Quarta
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 50,8 Mb
Release : 2018-10-26
Category : LAW
ISBN : 9781786435187

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The Turning Point in Private Law by Ugo Mattei,Alessandra Quarta Pdf

Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Author : Fritjof Capra,Ugo Mattei
Publisher : Berrett-Koehler Publishers
Page : 285 pages
File Size : 49,6 Mb
Release : 2015-10-05
Category : Law
ISBN : 9781626562080

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The Ecology of Law by Fritjof Capra,Ugo Mattei Pdf

Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly

Author : Laura Westra,Klaus Bosselmann,Janice Gray,Kathryn Gwiazdon
Publisher : Routledge
Page : 253 pages
File Size : 41,6 Mb
Release : 2018-04-27
Category : Law
ISBN : 9781351185455

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Ecological Integrity, Law and Governance by Laura Westra,Klaus Bosselmann,Janice Gray,Kathryn Gwiazdon Pdf

Ecological integrity is concerned with protecting the planet in a holistic way, while respecting ethics and human rights. Over recent years it has been introduced directly and indirectly in several legal regimes, culminating in international law with the 2016 expanded remit of the International Criminal Court, which now includes "environmental disasters". This book celebrates the 25th anniversary of the Global Ecological Integrity Group (GEIG), which includes more than 250 scholars and independent researchers worldwide, from diverse disciplines, including ecology, biology, philosophy, epidemiology, public health, ecological economics, and international law. It reviews the role of ecological integrity across a number of fields through inter- and trans-disciplinary engagement on matters affecting and governing the sustainability of life for both present and future generations. These include, ethics, environmental disasters, crimes against humanity and environmental health, and how such issues can be subject to sound governance and be incorporated into international law. The book also looks forward to new applications of the concept of ecological integrity, such as crimes that result in the exploitation of natural resources and the illegal dispossession of land.

Author : Andreas Philippopoulos-Mihalopoulos,Victoria Brooks
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 47,6 Mb
Release : 2017-11-24
Category : Electronic
ISBN : 9781784712570

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Research Methods in Environmental Law by Andreas Philippopoulos-Mihalopoulos,Victoria Brooks Pdf

This timely Handbook brings innovative, free-thinking and radical approaches to research methods in environmental law. With a comprehensive approach it brings together key concepts such as sustainability, climate change, activism, education and Actor-Network Theory. It considers how the Anthropocene subjects environmental law to critique, and to the needs of the variety of bodies, human and non-human, that require its protection. This much-needed book provides a theoretically informed analysis of methodological approaches in the discipline, such as constitutional analysis, rights-based approaches, spatial/geographical analysis, immersive methodologies and autoethnography, which will aid in the practical critique and re-imagining of Environmental Law.

Author : Walter E. Block,Roy Whitehead
Publisher : Springer Nature
Page : 520 pages
File Size : 46,9 Mb
Release : 2019-11-14
Category : Law
ISBN : 9783030283605

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Philosophy of Law by Walter E. Block,Roy Whitehead Pdf

Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.

Author : American Section of the International Association for the Philosophy of Law and Social Philosophy of Law and Social Philosophie,International Association for the Philosophy of Law and Social Philosophy American Section Conference
Publisher : Unknown
Page : 265 pages
File Size : 51,7 Mb
Release : 1978
Category : Environmental law
ISBN : OCLC:216496611

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Law and the Ecological Challenge by American Section of the International Association for the Philosophy of Law and Social Philosophy of Law and Social Philosophie,International Association for the Philosophy of Law and Social Philosophy American Section Conference Pdf

Author : Robert Jay Goldstein
Publisher : Routledge
Page : 250 pages
File Size : 45,9 Mb
Release : 2021-07-09
Category : Law
ISBN : 9781351159463

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Ecology and Environmental Ethics by Robert Jay Goldstein Pdf

Originally published in 2004. Examining the successes and failures of three decades of environmental law, this absorbing book reconsiders some of the policies devised to remedy centuries of abuse of the planet. It acknowledges the advances made using technological standards to effect pollution control as well as rudimentary systems that regulate use of land at the local level. However, as the author observes, these systems have limitations in solving vexing problems such as sprawl and non-point source pollution, as the cost of their use can easily outweigh the benefits. He suggests a system, termed 'Green Wood in the Bundle of Sticks', that provides the necessary theoretical and historical bases to bridge the gap between the potentials of each system. Using objective criteria based on science, this system is tied to a land ownership system that also takes into account societal concerns at a broader level.