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Efficiency Sustainability And Justice To Future Generations

Author: Klaus Mathis
Publisher: Springer Science & Business Media
ISBN: 9789400718692
Size: 71.51 MB
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Fifty years after the famous essay “The Problem of Social Cost” (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it “meets the needs of the present without compromising the ability of future generations to meet their own needs”. A key requirement of sustainable development is justice to future generations. It is still a matter of fact that the law as well as the theories of justice are generally restricted to the resolution of conflicts between contemporaries and between people living in the same country. This in turn raises a number of questions: what is the philosophical justification for intergenerational justice? What bearing does sustainability have on the efficiency principle? How do we put a policy of sustainability into practice, and what is the role of the law in doing so? The present volume is devoted to these questions. In Part One, “Law and Economics”, the role of economic analysis and efficiency in law is examined more closely. Part Two, “Law and Sustainability”, engages with the themes of sustainable development and justice to future generations. Finally, Part Three, “Law, Economics and Sustainability”, addresses the interrelationships between the different aspects.

Law And Economics In Europe

Author: Klaus Mathis
Publisher: Springer Science & Business Media
ISBN: 940077110X
Size: 16.26 MB
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This anthology illustrates how law and economics is developing in Europe and what opportunities and problems – both in general and specific legal fields – are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.

Objectivity In Law And Legal Reasoning

Author: Jaakko Husa
Publisher: Bloomsbury Publishing
ISBN: 1782250689
Size: 54.15 MB
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Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.

A Theory Of Intergenerational Justice

Author: Joerg Chet Tremmel
Publisher: Earthscan
ISBN: 1849774366
Size: 30.87 MB
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This highly accessible book provides an extensive and comprehensive overview of current research and theory about why and how we should protect future generations. It exposes how and why the interests of people today and those of future generations are often in conflict and what can be done. It rebuts critical concepts such as Parfits' non-identity paradox and Beckerman's denial of any possibility of intergenerational justice. The core of the book is the lucid application of a veil of ignorance to derive principles of intergenerational justice which show that our duties to posterity are stronger than is often supposed. Tremmel's approach demands that each generation both consider and improve the well-being of future generations. To measure the well-being of future generations Tremmel employs the Human Development Index rather than the metrics of utilitarian subjective happiness. The book thus answers in detailed, concrete terms the two most important questions of every theory of intergenerational justice: what to sustain? and how much to sustain?

El Desarrollo Sostenible Una Gu A Sobre Nuestro Futuro Com N

Author: World Commission on Environment and Development
Publisher: IICA Biblioteca Venezuela
ISBN: 9780192820808
Size: 59.21 MB
Format: PDF, Docs
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Discusses population growth, food production, energy, industry, and urban development, and suggests ways to promote economic growth while protecting the environment.

Justice For Future Generations

Author: Peter Lawrence
Publisher: Edward Elgar Publishing
ISBN: 0857934163
Size: 34.28 MB
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Peter Lawrence�s Justice for Future Generations breaks new ground by using a multidisciplinary approach to tackle the issue of what ethical obligations current generations have towards future generations in addressing the threat of climate change. This

Critiquing Sustainability Changing Philosophy

Author: Jenneth Parker
Publisher: Routledge
ISBN: 1136214666
Size: 77.41 MB
Format: PDF
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To increasing numbers of people, sustainability is the key challenge of the twenty-first century. In the many fields where it is a goal, persistent problems obstruct the efforts of those trying to make a difference. The task of this book is to provide an overview of the current state of philosophy in the context of what philosophy is, could be or should be – in relation to sustainability and the human future on Earth. The book is conceived as a contribution to the UN Decade of Education for Sustainable Development, helping to link work on philosophy and sustainability. Critiquing Sustainability, Changing Philosophy focusses on the importance of philosophical work to the formation and effectiveness of global civil society and social movements for sustainability in the context of the Anthropocene age of the Earth. It takes a transdisciplinary systems approach that challenges philosophy and concludes by proposing a greatly enhanced role for philosophy in contributing to global public reason for sustainability. This book will be of interest to philosophers, sustainability practitioners and thinkers, policy makers and all those engaged in the global movement for sustainability.

The Limits Of Liberty

Author: James M. Buchanan
Publisher: University of Chicago Press
ISBN: 9780226078205
Size: 31.15 MB
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"The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.

Law And Opera

Author: Filippo Annunziata
Publisher: Springer
ISBN: 3319686496
Size: 53.60 MB
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This book explores the various connections between Law and Opera, providing a comprehensive, multinational, and multidisciplinary (with approaches from jurists, philosophers, musicologist, historians) resource on the subject. Further, it makes a valuable contribution to studies on law and the humanities. While, for example, the relationship between law and literature has been extensively researched, the relationship between Law and Opera remains largely overlooked. The book approaches the topic from three perspectives in three main sections: Law in Opera, Law on Opera, and Law around Opera.

Environmental Law And Economics

Author: Klaus Mathis
Publisher: Springer
ISBN: 3319509322
Size: 19.78 MB
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This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.