Law And Ecology

Author : Andreas Philippopoulos-Mihalopoulos
Publisher : Routledge
Page : 254 pages
File Size : 55,7 Mb
Release : 2011-03-03
Category : Law
ISBN : 9781136817113

Get Book

Law and Ecology by Andreas Philippopoulos-Mihalopoulos Pdf

Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law – where ‘ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution – Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.

Author : Richard O. Brooks,Ross Jones
Publisher : Taylor & Francis
Page : 430 pages
File Size : 45,9 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351922913

Get Book

Law and Ecology by Richard O. Brooks,Ross Jones Pdf

In 1970 Earth Day was first celebrated marking the dawn of worldwide environmental consciousness and the passing of many environmental laws. In part, these events were the result of the maturing of the science of ecology which recognized the interdependence of the web and cycles of nature. This volume explores the relationship between ecology and environmental law, beginning with a description of the two very different disciplines. This description is followed by a history of their episodic interactions: the early period of origin, the mid-century formative period from 1950 to 1970, the initial serious period of interaction after Earth Day in 1970 and the testing of the relationship during the next two decades. Utilizing a number of case studies, examinations of the key 'linkage persons', legal instruments and the migration of ecological concepts and frameworks, this book analyzes the final flowering of an ecosystem regime which embraces the connections between the two disciplines of ecology and environmental law. Concluding with an inventory of the problems posed by the relationship between the two disciplines and an agenda for future research, this clearly structured, comprehensive and stringent book is an essential resource for all serious scholars and students of ecology and environmental law.

Author : Fritjof Capra,Ugo Mattei
Publisher : Berrett-Koehler Publishers
Page : 285 pages
File Size : 45,5 Mb
Release : 2015-10-05
Category : Law
ISBN : 9781626562080

Get Book

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 : Kirsten Anker,Peter D. Burdon,Geoffrey Garver,Michelle Maloney,Carla Sbert
Publisher : Routledge
Page : 311 pages
File Size : 48,9 Mb
Release : 2020-12-30
Category : Law
ISBN : 9781000328622

Get Book

From Environmental to Ecological Law by Kirsten Anker,Peter D. Burdon,Geoffrey Garver,Michelle Maloney,Carla Sbert Pdf

This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.

Author : Tiina Paloniitty
Publisher : Taylor & Francis
Page : 145 pages
File Size : 45,9 Mb
Release : 2022-08-19
Category : Law
ISBN : 9781000636383

Get Book

Law, Ecology, and the Management of Complex Systems by Tiina Paloniitty Pdf

This book addresses the role of law in the adaptive management of socio-ecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law, as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called ‘adaptive management’ on the legal sphere. Even though the complicated relations between law and the adaptive management of socio-ecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path toward embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the ‘normative’ is created gradually before law begins to examine the ‘facts’ of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socio-ecological management of complex systems and not merely an external umpire resolving disputes. As a whole, the book offers new insights into the EU regulator’s approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.

Author : Ruth Thomas-Pellicer,Vito De Lucia,Sian Sullivan
Publisher : Routledge
Page : 256 pages
File Size : 44,8 Mb
Release : 2016-05-26
Category : Law
ISBN : 9781317527350

Get Book

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 : Geoffrey Garver
Publisher : Routledge
Page : 262 pages
File Size : 50,5 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781000210804

Get Book

Ecological Law and the Planetary Crisis by Geoffrey Garver Pdf

This book uses a transdisciplinary systems approach to examine how Earth’s human-caused ecological crisis arose and presents a new legal approach for overcoming it. Ecological Law and the Planetary Crisis first examines how the history of humanity’s social metabolism, along with the history of human inventions and ideas, led to the human-Earth dilemma we see today and explains why contemporary law is inadequate for confronting this dilemma. The book goes on to propose ecological law—law that maintains human activity within ecological limits such as planetary boundaries while ensuring social justice and equity—as an essential element of an urgently needed radical pathway of change toward a perpetual, mutually enhancing human-Earth relationship. Finally, it offers a systems-based analytical tool for organizing actions to promote the transition from environmental to ecological law. Increasing the visibility, clarity and development of ecological law, this book will be of great interest to students and scholars of ecological and environmental law and governance.

Author : Vito De Lucia
Publisher : Routledge
Page : 272 pages
File Size : 47,6 Mb
Release : 2019-03-28
Category : Law
ISBN : 9781351366526

Get Book

The 'Ecosystem Approach' in International Environmental Law by Vito De Lucia Pdf

The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.

Author : Richard O. Brooks,Ross Jones
Publisher : Routledge
Page : 450 pages
File Size : 47,5 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351922906

Get Book

Law and Ecology by Richard O. Brooks,Ross Jones Pdf

In 1970 Earth Day was first celebrated marking the dawn of worldwide environmental consciousness and the passing of many environmental laws. In part, these events were the result of the maturing of the science of ecology which recognized the interdependence of the web and cycles of nature. This volume explores the relationship between ecology and environmental law, beginning with a description of the two very different disciplines. This description is followed by a history of their episodic interactions: the early period of origin, the mid-century formative period from 1950 to 1970, the initial serious period of interaction after Earth Day in 1970 and the testing of the relationship during the next two decades. Utilizing a number of case studies, examinations of the key 'linkage persons', legal instruments and the migration of ecological concepts and frameworks, this book analyzes the final flowering of an ecosystem regime which embraces the connections between the two disciplines of ecology and environmental law. Concluding with an inventory of the problems posed by the relationship between the two disciplines and an agenda for future research, this clearly structured, comprehensive and stringent book is an essential resource for all serious scholars and students of ecology and environmental law.

Author : WALTER DODDS
Publisher : Univ of California Press
Page : 250 pages
File Size : 47,8 Mb
Release : 2009-08-05
Category : Nature
ISBN : 9780520944541

Get Book

Laws, Theories, and Patterns in Ecology by WALTER DODDS Pdf

Physics and chemistry are distinguished from biology by the way generalizations are codified into theories tested by observation and experimentation. Some theories have been sufficiently tested to qualify as laws. In ecology, generalizations worthy of being called theories are less common because observations and experimentation are difficult and exceptions are more common. In this book, Walter K. Dodds enumerates generalizations in ecology. Introductory material describes how the practice of science in general, and ecology specifically, yields theories and laws. Dodds also discusses why such ideas are only useful if they have predictive ability, and delineates the scope of these generalizations and the constraints that limit their application. The result is a short book that delves deeply into important ecological ideas and how they predict and provide understanding.

Author : Keith H. Hirokawa,Jessica Owley
Publisher : Unknown
Page : 128 pages
File Size : 47,5 Mb
Release : 2021
Category : Environmental law
ISBN : 1585762369

Get Book

Environmental Law, Disrupted by Keith H. Hirokawa,Jessica Owley Pdf

Author : Andreas Philippopoulos-Mihalopoulos
Publisher : Unknown
Page : 128 pages
File Size : 51,7 Mb
Release : 2011
Category : Electronic
ISBN : OCLC:1286420039

Get Book

Law and Ecology by Andreas Philippopoulos-Mihalopoulos Pdf

Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law - where 'ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution - Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.

Author : Eliana Cusato
Publisher : Cambridge University Press
Page : 307 pages
File Size : 49,9 Mb
Release : 2021-09-16
Category : Law
ISBN : 9781108837521

Get Book

The Environment-Conflict Nexus in International Law by Eliana Cusato Pdf

Unpacks key assumptions about the 'environment', its relationship with violent conflict, and the justification for its protection underlying international law.

Author : Mary Christina Wood
Publisher : Cambridge University Press
Page : 461 pages
File Size : 45,8 Mb
Release : 2014
Category : Law
ISBN : 9780521195133

Get Book

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.

Author : Omer Aloni
Publisher : Cambridge University Press
Page : 405 pages
File Size : 53,8 Mb
Release : 2021-05-13
Category : History
ISBN : 9781108838191

Get Book

The League of Nations and the Protection of the Environment by Omer Aloni Pdf

This first study of the environmental challenges handled by the League of Nations pioneers new perspectives on legal and environmental history.