The Law S Ultimate Frontier Towards An Ecological Jurisprudence

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The Law's Ultimate Frontier: Towards an Ecological Jurisprudence

Horatia Muir Watt
The Law s Ultimate Frontier Towards an Ecological Jurisprudence Book PDF

Author : Horatia Muir Watt
Publisher : Bloomsbury Publishing
Page : 367 pages
File Size : 54,6 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509940127

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The Law's Ultimate Frontier: Towards an Ecological Jurisprudence by Horatia Muir Watt Pdf

This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law – where it is viewed from the outside as obscure and from the inside as a self-contained normative world – generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.

The Ecology of Law

Fritjof Capra,Ugo Mattei
The Ecology of Law Book PDF

Author : Fritjof Capra,Ugo Mattei
Publisher : Berrett-Koehler Publishers
Page : 285 pages
File Size : 49,8 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

From Environmental to Ecological Law

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

Author : Kirsten Anker,Peter D. Burdon,Geoffrey Garver,Michelle Maloney,Carla Sbert
Publisher : Routledge
Page : 311 pages
File Size : 54,5 Mb
Release : 2020-12-30
Category : Law
ISBN : 9781000328622

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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.

The Ecology of Law

Fritjof Capra,Ugo Mattei
The Ecology of Law Book PDF

Author : Fritjof Capra,Ugo Mattei
Publisher : Unknown
Page : 472 pages
File Size : 50,9 Mb
Release : 2015-10-05
Category : Law
ISBN : 0369312708

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The Ecology of Law by Fritjof Capra,Ugo Mattei Pdf

Description: At the root of many of the environmental, economic, and social crises we face today is a legal system based on an outdated and ultimately destructive worldview. In this groundbreaking book, bestselling author, physicist, and systems theorist Fritjof Capra and distinguished legal scholar Ugo Mattei show how, by incorporating concepts from modern science, the law can be updated to reflect a more accurate view of how the world works and become a progressive force. Capra and Mattei trace the fascinating parallel history of law and science to show how the two disciplines have always influenced each other - until recently. Science now sees the world as being made up of interconnected networks. But law is stuck in a mechanistic, 17th century paradigm that views the world as discrete individual parts. This has led to a disregard for the health of the whole - for example, elevating the rights of individual property owners over the good of the community. But Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet.

The Ecology of Law

Fritjof Capra,Ugo Mattei
The Ecology of Law Book PDF

Author : Fritjof Capra,Ugo Mattei
Publisher : Unknown
Page : 434 pages
File Size : 54,6 Mb
Release : 2015-10-05
Category : Electronic
ISBN : 1459698606

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The Ecology of Law by Fritjof Capra,Ugo Mattei Pdf

Description: At the root of many of the environmental, economic, and social crises we face today is a legal system based on an outdated and ultimately destructive worldview. In this groundbreaking book, bestselling author, physicist, and systems theorist Fritjof Capra and distinguished legal scholar Ugo Mattei show how, by incorporating concepts from modern science, the law can be updated to reflect a more accurate view of how the world works and become a progressive force. Capra and Mattei trace the fascinating parallel history of law and science to show how the two disciplines have always influenced each other - until recently. Science now sees the world as being made up of interconnected networks. But law is stuck in a mechanistic, 17th century paradigm that views the world as discrete individual parts. This has led to a disregard for the health of the whole - for example, elevating the rights of individual property owners over the good of the community. But Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet.

The Grand Strategy of Comparative Law

Luca Siliquini-Cinelli,Davide Gianti,Mauro Balestrieri
The Grand Strategy of Comparative Law Book PDF

Author : Luca Siliquini-Cinelli,Davide Gianti,Mauro Balestrieri
Publisher : Taylor & Francis
Page : 330 pages
File Size : 51,6 Mb
Release : 2024-04-19
Category : Law
ISBN : 9781040008638

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The Grand Strategy of Comparative Law by Luca Siliquini-Cinelli,Davide Gianti,Mauro Balestrieri Pdf

This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri. Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice. Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.

Ecological Law and the Planetary Crisis

Geoffrey Garver
Ecological Law and the Planetary Crisis Book PDF

Author : Geoffrey Garver
Publisher : Routledge
Page : 267 pages
File Size : 53,5 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781000210705

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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.

Wild Law - In Practice

Michelle Maloney,Peter Burdon
Wild Law In Practice Book PDF

Author : Michelle Maloney,Peter Burdon
Publisher : Routledge
Page : 288 pages
File Size : 40,5 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.

EcoLaw

Margaret Davies
EcoLaw Book PDF

Author : Margaret Davies
Publisher : Taylor & Francis
Page : 112 pages
File Size : 52,9 Mb
Release : 2022-05-01
Category : Law
ISBN : 9781000614473

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EcoLaw by Margaret Davies Pdf

This book re-imagines law as ecolaw. The key insight of ecological thinking, that everything is connected to everything else – at least on the earth, and possibly in the cosmos – has become a truism of contemporary theory. Taking this insight as a starting point for understanding law involves suspending theoretical certainties and boundaries. It involves suspending theory itself as a conceptual project and practicing it as an embodied and material project. Although an ecological imagining of law can be metaphorical, and can be highly imaginative and suggestive, this book shows that it is also literal. Law is part of the material ‘everything’ that is connected to everything else. This means that once the previous certainties of legal thinking have been dismantled, it is after all possible to think of law as ‘natural’ – as embedded in and emergent from a normative biophysical nature. The book proposes that there exists a natural nomos: animals, plants, and Earth systems that produce their own values and norms from which human norms and laws emerge. This book, then, proposes a new way to understand law, and pursues specific arguments to demonstrate the feasibility of law as ecolaw. Drawing inspiration from current trends in the post-humanities, socioecological thought, and developments across the natural sciences in their specific intersections with humanities and social science disciplines, this book will appeal both to legal theorists and to others with interests in these areas.

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 : 52,9 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.

Exploring Wild Law

Peter Burdon
Exploring Wild Law Book PDF

Author : Peter Burdon
Publisher : Wakefield Press
Page : 370 pages
File Size : 53,6 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."

Environmental Law and the Ecosystem Approach

Froukje Maria Platjouw
Environmental Law and the Ecosystem Approach Book PDF

Author : Froukje Maria Platjouw
Publisher : Routledge
Page : 252 pages
File Size : 50,7 Mb
Release : 2016-05-05
Category : Law
ISBN : 9781317293767

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Environmental Law and the Ecosystem Approach by Froukje Maria Platjouw Pdf

The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to the debate; to what extent is environmental law fragmented and how does this affect the implementation of the ecosystem approach; to what extent does environmental law contain administrative discretion and how does this affect the implementation of the ecosystem approach; is there a need for greater consistency, coherence and a stronger rule of law in environmental law in light of the ecosystem approach? The main focus is on Europe, with additional international comparisons where appropriate. The book concludes by providing a normative portrayal of future environmental law as protective, systemic and predictable.

Wild Law

Cormac Cullinan
Wild Law Book PDF

Author : Cormac Cullinan
Publisher : Siber Ink
Page : 243 pages
File Size : 41,7 Mb
Release : 2011-05-01
Category : Law
ISBN : 9781920025724

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Wild Law by Cormac Cullinan Pdf

In this visionary book, Cormac Cullinan explains how, if the community of life on Earth is to survive, a new understanding of nature and a new concept of legal systems are needed. Cullinan proposes a new approach or "e;Earth Jurisprudence"e; and gives practical guidance on how to begin moving towards it. He shows that this philosophy could help develop new legal systems that would foster human connections to nature. It would encourage personal and social practices that ensure our planet remains liveable.Wild Law is an inspiring and stimulating book, which fuses politics, legal theory, ancient wisdom and personal experiences into a fascinating and eminently readable story.

Earth Jurisprudence

Peter D. Burdon
Earth Jurisprudence Book PDF

Author : Peter D. Burdon
Publisher : Routledge
Page : 267 pages
File Size : 54,9 Mb
Release : 2014-09-19
Category : Law
ISBN : 9781135144234

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Earth Jurisprudence by Peter D. Burdon Pdf

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.

Earth System Law: Standing on the Precipice of the Anthropocene

Timothy Cadman,Margot Hurlbert,Andrea C. Simonelli
Earth System Law Standing on the Precipice of the Anthropocene Book PDF

Author : Timothy Cadman,Margot Hurlbert,Andrea C. Simonelli
Publisher : Routledge
Page : 300 pages
File Size : 42,9 Mb
Release : 2021-12-13
Category : Political Science
ISBN : 9781000482492

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Earth System Law: Standing on the Precipice of the Anthropocene by Timothy Cadman,Margot Hurlbert,Andrea C. Simonelli Pdf

This book systematically explores the emerging legal discipline of Earth System Law (ESL), challenging the closed system of law and marking a new era in law and society scholarship. Law has historically provided stability, certainty, and predictability in the ordering of social relations (predominantly between humans). However, in recent decades the Earth’s relationship in law has changed with increasing recognition of the standing of Mother Earth, inherent rights of the environment (such as flora and fauna, rivers), and now recognition of the multiple relations of the Anthropocene. This book questions the fundamental assumption that ‘the law’ only applies to humans, and that the earth, as a system, has intrinsic rights and responsibilities. In the last ten years the planet has experienced its hottest period since human evolution, and by the year 2100, unless substantive action is taken, many species will be lost, and planetary conditions will be intolerable for human civilisation as it currently exists. Relationships between humans, the biosphere, and all planetary systems must change. The authors address these challenging topics, setting the groundwork of ESL to ensure sustainable development of the coupled socio-ecological system that the Earth has become. Earth System Law is an interdisciplinary and transdisciplinary research project, and, as such, this book will be of great interest to researchers and stakeholders from a wide range of disciplines, including political science, anthropology, economics, law, ethics, sociology, and psychology.