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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.
Justice, Property and the Environment by Tim Hayward 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.
Natural Resources and Environmental Justice by Sonia Graham,Anna Lukasiewicz,Stephen Dovers,Libby Robin,Jennifer McKay,Steven Schilizzi Pdf
Environmental management involves making decisions about the governance of natural resources such as water, minerals or land, which are inherently decisions about what is just or fair. Yet, there is little emphasis on justice in environmental management research or practical guidance on how to achieve fairness and equity in environmental governance and public policy. This results in social dilemmas that are significant issues for government, business and community agendas, causing conflict between different community interests. Natural Resources and Environmental Justice provides the first comprehensive, interdisciplinary examination of justice research in Australian environmental management, identifying best practice and current knowledge gaps. With chapters written by experts in environmental and social sciences, law and economics, this book covers topical issues, including coal seam gas, desalination plants, community relations in mining, forestry negotiations, sea-level rise and animal rights. It also proposes a social justice framework and an agenda for future justice research in environmental management. These important environmental issues are covered from an Australian perspective and the book will be of broad use to policy makers, researchers and managers in natural resource management and governance, environmental law, social impact and related fields both in Australia and abroad.
The idea of human dominion over nature has become entrenched by the dominant rights-based interpretation of private property. Accordingly, nature is not attributed any inherent value and becomes merely the matter of a human property relationship. Earth Jurisprudence: Private Property and the Environment explores how an alternative conception of property might be instead grounded in the ecocentric concept of an Earth community. Recognising that human beings are deeply interconnected with and dependent on nature, this concept is proposed as a standard and measure for human law. This book argues that the anthropocentric institution of private property needs to be reconceived; drawing on international case law, indigenous views of property and the land use practices of agrarian communities, Peter Burdon considers how private property can be reformulated in a way that fosters duties towards nature. Using the theory of earth jurisprudence as a guide, he outlines an alternative ecocentric description of private property as a relationship between and among members of the Earth community. This book will appeal to those researching in law, justice and ecology, as well as anyone pursuing an interest more particularly in earth jurisprudence.
Property Rights in the Defence of Nature by Elizabeth Brubaker Pdf
First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.
The Philosophical Foundations of Environmental Law by Sean Coyle,Karen Morrow 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.
The idea of human dominion over nature has become entrenched by the dominant rights-based interpretation of private property. Accordingly, nature is not attributed any inherent value and becomes merely the matter of a human property relationship. Earth Jurisprudence: Private Property and the Environment explores how an alternative conception of property might be instead grounded in the ecocentric concept of an Earth community. Recognising that human beings are deeply interconnected with and dependent on nature, this concept is proposed as a standard and measure for human law. This book argues that the anthropocentric institution of private property needs to be reconceived; drawing on international case law, indigenous views of property and the land use practices of agrarian communities, Peter Burdon considers how private property can be reformulated in a way that fosters duties towards nature. Using the theory of earth jurisprudence as a guide, he outlines an alternative ecocentric description of private property as a relationship between and among members of the Earth community. This book will appeal to those researching in law, justice and ecology, as well as anyone pursuing an interest more particularly in earth jurisprudence.
Intellectual Property and Clean Energy by Matthew Rimmer Pdf
This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums – including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders’ rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.
Environmental sustainability and social, or distributive, justice are both widely regarded as desirable social objectives. But can we assume that they are compatible with each other? In this path-breaking study, Professor Dobson, a leading expert on environmental politics, analyses the complex relationship between these two pressing objectives. Environmental sustainability is taken to be a contested idea, and three distinct conceptions of it are described and explored. These conceptions are then examined in the context of fundamental distributive questions such as: Among whom or what should distribution take place? What should be distributed? What should the principle of distribution be? The author critically examines the claims of the `environmental justice' and `sustainable development' movements that social justice and environmental sustainability are points on the same virtuous circle, and concludes that radical environmental demands are only incompletely served by couching them in terms of justice.
Author : Peter S. Wenz Publisher : State University of New York Press Page : 388 pages File Size : 47,8 Mb Release : 1988-04-07 Category : Political Science ISBN : 9781438423876
This book explores the philosophical background of questions on environmental justice. It focuses on theories of distributive justice, primarily those which concern the manner in which benefits and burdens should be allocated when there is a scarcity of benefits (relative to people's wants or needs) and a surfeit of burdens. It is one of those rare philosophy books that is at once accessible and sophisticated, as it introduces both philosophers and people interested in environmental studies, law, and economics to germane developments in the philosophical treatment of the question of justice. Since environmental concerns are uniquely global, theories of distributive justice are tested most thoroughly for their comprehensiveness when they are applied to environmental matters. Consequently, most illustrations and applications in this book are drawn from contexts of environmental concerns including property rights, human rights, animal rights, general utility, and hypothetical contracts.
John Rawls and Environmental Justice by John Töns Pdf
Using the principles of John Rawls’ theory of justice, this book offers an alternative political vision, one which describes a mode of governance that will enable communities to implement a sustainable and socially just future. Rawls described a theory of justice that not only describes the sort of society in which anyone would like to live but that any society can create a society based on just institutions. While philosophers have demonstrated that Rawls’s theory can provide a framework for the discussion of questions of environmental justice, the problem for many philosophical theories is that discussions of sustainable development open the need to address questions of ecological interdependence, historical inequality in past resource use and the recognition that we cannot afford to ignore the limitations of growth. These ideas do not fit in comfortably in standard discourse about theories of justice. In contrast, this book frames the discussion of global justice in terms of environmental sustainability. The author argues that these ideas can be used to develop a coherent political theory that reconciles cosmopolitan arguments and the non-cosmopolitan or nationalist arguments concerning social and environmental justice. This book will be of great interest to students and scholars of environmental philosophy and ethics, moral and political philosophy, global studies and sustainable development.
Thinking About the Environment by Matthew Alan Cahn,Rory O'Brien Pdf
Underlying current controversies about environmental regulation are shared concerns, divided interests and different ways of thinking about the earth and our proper relationship to it. This book brings together writings on nature and environment that illuminate thought and action in this realm.
The Search for Environmental Justice by Paul Martin,Sadeq Z. Bigdeli,Trevor Daya-Winterbottom,Willemien du Plessis,Amanda Kennedy Pdf
This thoughtful book provides an overview of the major developments in the theory and practice of Ôenvironmental justiceÕ. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the conc
