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Author : Sean Coyle,Karen Morrow
Publisher : Hart Publishing
Page : 245 pages
File Size : 50,8 Mb
Release : 2004-04
Category : Law
ISBN : 9781841133591
This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.
Author : Richard B. Stewart,James E. Krier
Publisher : MICHIE
Page : 240 pages
File Size : 53,9 Mb
Release : 1982
Category : Air
ISBN : 0872155471
Introducing an exciting new approach to the teaching of environmental law:ENVIRONMENTAL, LAW AND POLICY, by Peter Menell & Richard Stewart. The authors' focus on policy & theory, rather than the minutia of environmental law, gives students the analytical tools they need to examine any given law or statute. This comprehensive policy-oriented casebook covers all the essential topics you'll want to address in class. It begins with a theoretical overview, introducing key environmental problems. The second chapter presents different problem-solving approaches: economic analysis, cost-benefit analysis, & the pursuit of social goals other than efficient resource allocation. Other chapters address: the role of common law, the regulation of hazardous waste, the administrative law doctrines that govern environmental law, NEPA, natural resources, & the future of environmental law & policy. The authors' approach is analytical & balanced, offering the full range of theoretical perspectives that affect current & future laws & statutes: public policy analysis the integration of law, science, & policy the philosophical foundations of environmental law the political dimensions of environmental law & policy Professors Menell & Stewart also pay careful attention to pedagogy. Each chapter is divided into units that can be taught in one class session & includes lively problems to spark classroom discussion. ENVIRONMENTAL LAW AND POLICY is a manageable length for teaching. Its in-depth Teacher's Manual provides helpful author insight (especially helpful for professors who are new to the area), & an accompanying Statutory Supplement collects important statutes in one convenient place.
Author : Walter F. Baber,Robert V. Bartlett
Publisher : MIT Press
Page : 478 pages
File Size : 49,5 Mb
Release : 2009-06-12
Category : Political Science
ISBN : 9780262257985
A proposal for a philosophical foundation and a realistic deliberative mechanism for creating a transnational common law for the environment. In Global Democracy and Sustainable Jurisprudence, Walter Baber and Robert Bartlett explore the necessary characteristics of a meaningful global jurisprudence, a jurisprudence that would underpin international environmental law. Arguing that theories of political deliberation offer useful insights into the current “democratic deficit” in international law, and using this insight as a way to approach the problem of global environmental protection, they offer both a theoretical foundation and a realistic deliberative mechanism for creating effective transnational common law for the environment. Their argument links elements not typically associated: abstract democratic theory and a practical form of deliberative democracy; the legitimacy-imparting value of deliberative democracy and the possibility of legislating through adjudication; common law jurisprudence and the development of transnational environmental law; and conceptual thinking that draws on Deweyan pragmatism, Rawlsian contractarianism, Habermasian critical theory, and the full liberalism of Bohman, Gutmann, and Thompson. Baber and Bartlett offer a democratic method for creating, interpreting, and implementing international environmental norms that involves citizens and bypasses states—an innovation that can be replicated and deployed across a range of policy areas. Transnational environmental consensus would develop through a novel model of juristic democracy that would generate legitimate international environmental law based on processes of hypothetical rule making by citizen juries. This method would translate global environmental norms into international law—law that, unlike all current international law, would be recognized as both fact and norm because of its inherent democratic legitimacy.
Author : Linda Hajjar Leib
Publisher : Martinus Nijhoff Publishers
Page : 193 pages
File Size : 55,5 Mb
Release : 2011
Category : Law
ISBN : 9789004188648
The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
Author : Richard L. Revesz
Publisher : Oxford University Press, USA
Page : 334 pages
File Size : 46,8 Mb
Release : 1997
Category : Law
ISBN : 0195091523
This volume in the Interdisciplinary Readers in Law series is a collection of 40 readings by lawyers, economists, environmentalists, and legal scholars, which introduce students to the major theoretical approaches in the field. The selections have been edited to facilitate accessibility, and each chapter includes an introduction highlighting the most important contributions of the readings. The chapters end with an extensive set of notes and questions, designed both to provide a deeper understanding of the readings as well as to introduce and critique a broader set of perspectives. This book can be used as a companion volume to the case materials used in a survey course on environmental law, as a textbook for law school seminars on environmental law and policy, and for undergraduate and graduate seminars on environmental policy in a variety of disciplines, including government, public policy, forestry, and resource management. This volume is part of the Interdisciplinary Readers in Law series (Roberta Romano, General Editor). Designed as a collection of supplementary texts for law school courses, the series collects important essays from leading lawyers, economists, political scientists, philosophers, historians, and legal scholars, reflecting the broad range of scholarship that informs contemporary law. Other volumes in the series include Foundations of Corporate Law (Roberta Romano, Editor) Foundations of Administrative Law (Peter Schuck, Editor), Foundations of Contract Law (Richard Craswell and Alan Schwartz, Editors), Foundations of Tort Law (Saul Levmore, Editor), and Foundations of Employment Discrimination Law (John J. Donohue III, Editor).
Author : Daniel P. Corrigan,Markku Oksanen
Publisher : Routledge
Page : 147 pages
File Size : 42,8 Mb
Release : 2021-05-16
Category : Law
ISBN : 9781000386134
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 : Dennis Klimchuk,Irit Samet,Henry E. Smith
Publisher : Oxford University Press
Page : 400 pages
File Size : 46,6 Mb
Release : 2020-04-02
Category : Law
ISBN : 9780192549877
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Author : Richard L. Revesz
Publisher : Oxford University Press, USA
Page : 360 pages
File Size : 48,7 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105019217863
Author : Richard B. Stewart,James E. Krier
Publisher : Unknown
Page : 1026 pages
File Size : 41,5 Mb
Release : 1978-01-01
Category : Air
ISBN : OCLC:270802887
Author : Simon Sneddon
Publisher : Taylor & Francis
Page : 408 pages
File Size : 50,8 Mb
Release : 2023-11-08
Category : Law
ISBN : 9781000989458
Unlocking Environmental Law is the essential introduction to this fascinating, controversial, and fast-moving area of contemporary law, ensuring that you grasp the main concepts with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Environmental Law. Split into three parts, the book outlines the philosophical foundations of environmental law, and how these have influenced political decision-making. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: • clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject; • key facts boxes throughout each chapter allow you to progressively build and consolidate your understanding; • end-of-chapter summaries provide a useful check-list for each topic; •cases and judgments are highlighted to help you find them and add them to your notes quickly; • frequent activities and self-test questions and sample essay questions are included so you can put your knowledge into practice; • a brand new ‘critiquing the law’ feature is designed to foster essential critical thinking skills. Charting the development of regulations, examining emerging and future trends for environmental law, and looking at specific areas of law, including air pollution, climate change, laws around water, and the regulation of social and private space, this concise, accessible text is ideal for anyone new to environmental law.
Author : Andreas Philippopoulos-Mihalopoulos
Publisher : Taylor & Francis
Page : 257 pages
File Size : 47,8 Mb
Release : 2011-03-03
Category : Law
ISBN : 9781136817120
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 : Wojciech W. Gasparski
Publisher : Routledge
Page : 364 pages
File Size : 44,8 Mb
Release : 2017-07-28
Category : Philosophy
ISBN : 9781351297028
The need for solutions to environmental problems is urgent. Expanded environmental research and knowledge, along with interest in environmental issues, has focused attention on the social, political, and practical aspects of environmental problems. Environmental Political Philosophy searches for common environmental goals, values, and policies in society. An essential undercurrent in political theory about the environment is that such issues are not questions of efficiency or technology. They cannot simply be addressed through knowledge of processes and mechanics of nature, by boosting or targeting research, or by allocating of resources and development of technology. Neither can they be resolved solely by increasing civic understanding and mounting environmental campaigns or requiring endless eco-friendly actions. A crucial element of environmental political philosophy is highlighted through the studies in this volume, which address the question of what constitutes efficient action or effective decision making. Praxiology commences with empirical orientation, but does so by maintaining the important sense that in the evaluation of actions and policies, ethical considerations must be employed in conjunction with effectiveness and efficiency.
Author : John Oberdiek
Publisher : Unknown
Page : 464 pages
File Size : 52,9 Mb
Release : 2014-02
Category : Law
ISBN : 9780198701385
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Author : Mark Sagoff
Publisher : Cambridge University Press
Page : 286 pages
File Size : 51,9 Mb
Release : 1990-09-28
Category : Law
ISBN : 0521395666
How can environmental conservation legislation be simultaneously sensitive to political reality and responsive to economic costs? This study addresses relevant government social policy from the perspective of ethical, cultural and political concerns.
Author : Elizabeth Fisher,Bettina Lange,Eloise Scotford
Publisher : Oxford University Press
Page : 1160 pages
File Size : 41,9 Mb
Release : 2013-04-25
Category : Law
ISBN : 9780199270880
This new title in the popular Text, Cases, and Materials series provides students with a thorough understanding of environmental law while also encouraging critical reflection and pointing out areas of controversy and debate. The authors present an impressive range of extracts from UK and international cases, legislation, and articles, to help support learning and demonstrate how the law works in practice, clearly guiding students through key areas while providing insightful explanations and analysis. Topics have been carefully selected to support a wide range of environmental law courses and include pollution, conservation, town planning, and water regulation as well as considering environmental law in relation to the EU and from an international perspective. With its unique combination of extracts and author discussion, this new text provides a comprehensive and convenient guide to environmental law which can be relied upon throughout your course and career. This book is also accompanied by an Online Resource Centre which features updates to the law, further reading suggestions and useful weblinks.