Environmental Law And Contrasting Ideas Of Nature

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Environmental Law and Contrasting Ideas of Nature

Keith H. Hirokawa
Environmental Law and Contrasting Ideas of Nature Book PDF

Author : Keith H. Hirokawa
Publisher : Unknown
Page : 343 pages
File Size : 54,5 Mb
Release : 2014
Category : Constructivism (Philosophy)
ISBN : 1139985515

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Environmental Law and Contrasting Ideas of Nature by Keith H. Hirokawa Pdf

"Law's ideas of nature appear in different doctrinal and institutional settings, historical periods, and political dialogues. Nature underlies every behavior, contract, or form of wealth, and in this broad sense influences every instance of market transaction or governmental intervention. Recognizing that law has embedded discrete constructions of nature helps in understanding how humans value their relationship with nature. This book offers a scholarly examination of the manner in which nature is constructed through law, both in the "hard" sense of directly regulating human activities that impact nature, and in the "soft" manner in which law's ideas of nature influence and are influenced by behaviors, values, and priorities. Traditional accounts of the intersection between law and nature generally focus on environmental laws that protect wilderness. This book will build on the constructivist observation that when considered as a culturally contingent concept, "nature" is a self-perpetuating and self-reinforcing social creation"--

Environmental Law and Contrasting Ideas of Nature

Keith H. Hirokawa
Environmental Law and Contrasting Ideas of Nature Book PDF

Author : Keith H. Hirokawa
Publisher : Cambridge University Press
Page : 363 pages
File Size : 47,7 Mb
Release : 2014-07-17
Category : Business & Economics
ISBN : 9781107033474

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Environmental Law and Contrasting Ideas of Nature by Keith H. Hirokawa Pdf

This book examines how nature is constructed through law, building on the constructivist concept that 'nature' is a self-perpetuating, self-reinforcing social creation.

Rights of Nature

Daniel P. Corrigan,Markku Oksanen
Rights of Nature Book PDF

Author : Daniel P. Corrigan,Markku Oksanen
Publisher : Routledge
Page : 147 pages
File Size : 47,7 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.

Rule of Law for Nature

Christina Voigt
Rule of Law for Nature Book PDF

Author : Christina Voigt
Publisher : Unknown
Page : 410 pages
File Size : 53,9 Mb
Release : 2014-05-14
Category : Electronic
ISBN : 110751715X

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Rule of Law for Nature by Christina Voigt Pdf

Questions the doctrinal construction of environmental law and looks for innovative legal approaches to ecological sustainability.

Rule of Law for Nature

Christina Voigt
Rule of Law for Nature Book PDF

Author : Christina Voigt
Publisher : Unknown
Page : 410 pages
File Size : 47,9 Mb
Release : 2013
Category : Electronic books
ISBN : 1107618444

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Rule of Law for Nature by Christina Voigt Pdf

Questions the doctrinal construction of environmental law and looks for innovative legal approaches to ecological sustainability.

The Philosophical Foundations of Environmental Law

Sean Coyle
The Philosophical Foundations of Environmental Law Book PDF

Author : Sean Coyle
Publisher : Unknown
Page : 228 pages
File Size : 48,8 Mb
Release : 2004
Category : Electronic books
ISBN : 1472562968

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The Philosophical Foundations of Environmental Law by Sean Coyle Pdf

Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Treated as such, 'environmental law' refers not to a body of distinctive juristic ideas (such as one might find in contract law or tort) but to a body of black-letter rules out of which a distinct jurisprudence might grow. This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of surprising antiquity and considerable sophistication. Environmental law, it is argued, is underpinned by a series of tenets concerning the relationship of human beings to the natural world, through the acquisition and use of property. By tracing these ideas to their roots in the political philosophy of the seventeenth century, and their reception into the early law of nuisance, this book seeks to overturn the perception that environmental law's philosophical significance is confined to questions about the extent to which a state should pursue collective well-being and public health through deliberate manipulation and restriction of private property rights. Through a close re-examination of both early and modern statutes and cases, this book concludes that, far from being intelligible in exclusively instrumental terms, environmental law must be understood as the product of sustained reflection upon fundamental moral questions concerning the relationship between property, rights and nature.

Environmental Law Across Cultures

Kirk W. Junker
Environmental Law Across Cultures Book PDF

Author : Kirk W. Junker
Publisher : Routledge
Page : 194 pages
File Size : 44,8 Mb
Release : 2019-12-09
Category : Law
ISBN : 9780429673634

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Environmental Law Across Cultures by Kirk W. Junker Pdf

This book provides a practical, functional comparison among various institutions, tools, implementation practices and norms in environmental law across legal cultures. This is a new approach that focuses on the act of comparison, looking at legal practice, from the ground up, including the perspective of citizens. Most literature on comparative environmental law either focuses on a two-way comparison of state jurisdictions or simply juxtaposes environmental features of two or more state jurisdictions without engaging in any analysis of the comparison. However, this book treats legal cultures as the objects of comparison as it provides practical comparisons among various institutions, tools and norms in environmental law. The arrangement and organisation of the material reverses the more traditional presentation of comparative environmental law as a series of countries within which separate descriptions are respectively presented. In this book the reader is presented with environmental legal themes, with examples and case studies drawn from various cultures that are compared in order to help understand the theme. Case studies draw on the authors’ experiences in a range of legal cultures, including in Australia, Brazil, China, Chile, Ethiopia, Germany, India, Nigeria, Slovakia, and the USA. The comparative nature of the book allows domestic professionals to develop skills to enable them to understand and advocate broader contexts for clients, and helps students become more aware of specific legal systems while questioning why their own system functions (or does not function) as it does. The book is aimed at advanced undergraduate and postgraduate students of environmental law as well as researchers and practitioners.

Rethinking Environmental Law

Laitos, Jan G.
Rethinking Environmental Law Book PDF

Author : Laitos, Jan G.
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 52,7 Mb
Release : 2021-08-27
Category : Law
ISBN : 9781788976039

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Rethinking Environmental Law by Laitos, Jan G. Pdf

Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules. It explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed.

Environmental Law and Policy

Zygmunt J.B. Plater,Robert H Abrams,Robert L Graham,Lisa Heinzerling,Noah D. Hall
Environmental Law and Policy Book PDF

Author : Zygmunt J.B. Plater,Robert H Abrams,Robert L Graham,Lisa Heinzerling,Noah D. Hall
Publisher : Aspen Publishing
Page : 1520 pages
File Size : 47,5 Mb
Release : 2016-06-20
Category : Law
ISBN : 9781454880141

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Environmental Law and Policy by Zygmunt J.B. Plater,Robert H Abrams,Robert L Graham,Lisa Heinzerling,Noah D. Hall Pdf

Environmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach, exploring the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent. The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field who emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law. Key Features: Includes teaching analysis of the completely-revised Toxics Substances Control Act by co-author Robert Graham, Esq. of Jenner & Block who is advising corporate clients on the new law. Coverage of the Dec 2015 Paris COP-21 climate agreement in its several different aspects, incorporating analysis by coauthor Prof David Wirth who played an active role in international preparations for the Paris accord. Expanded material on carbon pricing, until recently widely thought to be a politically impossible alternative avenue for mitigation of global climate disruption. Tracking major recent revisions in toxic substance regulation, with essential comparisons to the current European model of market access chemical regulation. An updated guide through the complexities of tensions between private property rights and environmental protections, and an innovative clarification of recent Supreme Court caselaw. An innovative chapter on official “planning”— a basic and problematic element of environmental governance, whether at the local level or national public lands level. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Ecological Restoration in International Environmental Law

Anastasia Telesetsky,An Cliquet,Afshin Akhtar-Khavari
Ecological Restoration in International Environmental Law Book PDF

Author : Anastasia Telesetsky,An Cliquet,Afshin Akhtar-Khavari
Publisher : Routledge
Page : 328 pages
File Size : 41,9 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781317633662

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Ecological Restoration in International Environmental Law by Anastasia Telesetsky,An Cliquet,Afshin Akhtar-Khavari Pdf

Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.

Exploring Wild Law

Peter Burdon
Exploring Wild Law Book PDF

Author : Peter Burdon
Publisher : Wakefield Press
Page : 370 pages
File Size : 45,9 Mb
Release : 2011
Category : Law
ISBN : 9781743050736

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Exploring Wild Law by Peter Burdon Pdf

From cover: "Wild law is a groundbreaking approach to law that stresses human interconnectedness and dependence on nature. It critiques existing law for promoting environmental harm and seeks to establish a mutually enhancing human-Earth relationship. For the first time, this volume brings together voices fromt he leading proponents of wild law around the world. It introduces readers to the idea of wild law and considers its relationship to environmental law, the rights of nature, science, religion, property law and international governance."

Nature's Trust

Mary Christina Wood
Nature s Trust Book PDF

Author : Mary Christina Wood
Publisher : Cambridge University Press
Page : 461 pages
File Size : 48,6 Mb
Release : 2014
Category : Law
ISBN : 9780521195133

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Nature's Trust by Mary Christina Wood Pdf

This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.

Unnatural Law

David R. Boyd
Unnatural Law Book PDF

Author : David R. Boyd
Publisher : UBC Press
Page : 490 pages
File Size : 45,8 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774840637

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Unnatural Law by David R. Boyd Pdf

While governments assert that Canada is a world leader in sustainability, Unnatural Law provides extensive evidence to refute this claim. A comprehensive assessment of the strengths and weaknesses of Canadian environmental law, the book provides a balanced, critical examination of Canada's record, focusing on laws and policies intended to protect water, air, land, and biodiversity. Three decades of environmental laws have produced progress in a number of important areas, such as ozone depletion, protected areas, and some kinds of air and water pollution. However, Canada's overall record remains poor. In this vital and timely study, David Boyd explores the reasons why some laws and policies foster progress while others fail. He ultimately concludes that the root cause of environmental degradation in industrialized nations is excessive consumption of resources. Unnatural Law outlines the innovative changes in laws and policies that Canada must implement in order to respond to the ecological imperative of living within the Earth's limits. The struggle for a sustainable future is one of the most daunting challenges facing humanity in the 21st century. Everyone - academics, lawyers, students, policy-makers, and concerned citizens - interested in the health of the Canadian and global environments will find Unnatural Law an invaluable source of information and insight. For more information on Unnatural Law visit David Boyd's site, www.unnaturallaw.com.

Research Methods in Environmental Law

Andreas Philippopoulos-Mihalopoulos,Victoria Brooks
Research Methods in Environmental Law Book PDF

Author : Andreas Philippopoulos-Mihalopoulos,Victoria Brooks
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 51,8 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.

Locality and Identity

Jane Holder,Donald McGillivary
Locality and Identity Book PDF

Author : Jane Holder,Donald McGillivary
Publisher : Routledge
Page : 390 pages
File Size : 43,5 Mb
Release : 2019-01-15
Category : Social Science
ISBN : 9780429832130

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Locality and Identity by Jane Holder,Donald McGillivary Pdf

First published in 1999, this volume is concerned with how issues of identity and locality – globalization and ethics, valuing the environment, environmental justice and the use of traditional and new legal forms – cross the disciplines of law, ethics, geography, political science and social theory. Necessarily diverse, the collection both explores and confronts the limitations of law that prevent recognition of the relationship between humans and nature.