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Law And Ecology

Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Taylor & Francis
ISBN: 1136817123
Size: 24.57 MB
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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.

The Ecology Of Law

Author: Fritjof Capra
Publisher: Berrett-Koehler Publishers
ISBN: 1626562083
Size: 42.64 MB
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WINNER OF THE 2015 IBPA BENJAMIN FRANKLIN AWARD IN POLITICS/CURRENT EVENTS The Ecology of Law Fritjof Capra and Ugo Mattei argue that at the root of many of the environmental, economic, and social crises we face today is a legal system based on an obsolete worldview. Capra, a bestselling author, physicist, and systems theorist, and Mattei, a distinguished legal scholar, explain how, by incorporating concepts from modern science, the law can become an integral part of bringing about a better world, rather than facilitating its destruction. 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. Capra and Mattei show that this 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 this planet. This is a profound and 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.

Contributions To Law Philosophy And Ecology

Author: Ruth Thomas-Pellicer
Publisher: Routledge
ISBN: 1317527348
Size: 14.16 MB
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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.

Law As If Earth Really Mattered

Author: Nicole Rogers
Publisher: Routledge
ISBN: 1317210573
Size: 37.18 MB
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This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.

Law And The Question Of The Animal

Author: Yoriko Otomo
Publisher: Routledge
ISBN: 0415683505
Size: 78.56 MB
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This book addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals. The discourse of animal rights is one that increasingly occupies the political, ethical and intellectual terrain of modern society. But, although the question of the status of animals holds an important place within a range of civil, political and technological disciplines, the issue of rights in relation to animals usually rehearses the familiar perspectives of legal, moral and humanist philosophy. 'Animal law' is fast becoming a topic of significant contemporary interest and discussion. This burgeoning interest has not, however, been matched by renewed inquiry into the jurisprudential frames and methods for the treatment of animals in law, nor the philosophical issue of the 'human' and the 'animal' that lies at law's foundation. Responding to this interest, Law and the Question of the Animal: A Critical Jurisprudence brings together leading and emerging critical legal theorists to address the question of animality in relation to law's foundations, practices and traditions of thought. In so doing, it engages a surprisingly underdeveloped aspect of the moral philosophies of animal rights, namely their juridical register and existence. How does 'animal law' alter our juridical image of personality or personhood? How do the technologies of law intersect with the technologies that invent, create and manage animal life? And how might the ethical, ontological and ceremonial relation between humans and animals be linked to a common source or experience of law?

Environmental Justice And The Rights Of Ecological Refugees

Author: Laura Westra
Publisher: Routledge
ISBN: 1136574492
Size: 78.66 MB
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Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means. Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. In Part I, Westra provides an overview of what defines an ecological refugee and their present legal status. Part II goes into greater depth as to who the vulnerable are and what protection they have in international law. Part III looks to the future, advocating a comprehensive approach to the problem. With extensive examples and analysis, this is a compelling treatment that will be indispensable for legal professionals, government and business leaders, academics and students of the role of law in the protection of the rights of refugees.

Laws Theories And Patterns In Ecology

Author: Walter Dodds
Publisher: Univ of California Press
ISBN: 0520260414
Size: 69.48 MB
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"Physics and chemistry are distinguished from biology by the way generalizations are codified into theories tested by observation and experimentation. This work enumerates generalizations in ecology. It describes how the practice of science, in general, and ecology specifically, yields theories and laws." -- BOOK PUBLISHER WEBSITE.

Green Criminology

Author: Michael J. Lynch
Publisher: Univ of California Press
ISBN: 0520289633
Size: 48.25 MB
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"This book provides an overview and assessment of green criminology. Based on a political-economic analysis, Green Criminology draws attention to the ways in which the political-economic organization of capitalism causes ecological destruction and disorganization. Focusing on real-world impact, chapters include political-economic examinations of ecological withdrawals, ecological additions, toxic towns, wildlife poaching and trafficking, environmental justice, environmental laws, and nongovernment environmental organizations. The book also explores how ecological footprint, planetary boundary analysis, and other scientific research applies to green criminological analysis"--Provided by publisher.

Eu Environmental Law Governance And Decision Making

Author: Maria Lee
Publisher: Bloomsbury Publishing
ISBN: 1782254080
Size: 47.98 MB
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A vast and diverse body of EU law addresses an enormous range of environmental matters. This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making. It highlights the observation that environmental protection and environmental decision-making depend intimately on both detailed, specialised information about the physical state of the world, and on political judgments about values and priorities. It also explores the elaborate mechanisms that attempt to bring these distinctive decision-making resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change.

Law And The Environment

Author: Robert V. Percival
Publisher: Temple University Press
ISBN: 9781566395243
Size: 46.52 MB
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Law and the Environment: A Multi-disciplinary Reader brings together for the first time some of the most important original work on environmental policy by scientists, ecologists, philosophers, historians, economists, and legal scholars. Each of the book's four parts provides a different focus on the nature and scope of environmental problems and attempts to use public policy to address these concerns. Part I examines how ecology, economics, and ethics analyze environmental problems and why they support collective action to respond to them. Part II examines the history and present state of environmental law, from early attempts to engage the government to the current debate over the effectiveness of environmental policy. Part III explores the process by which environmental law gets translated into regulatory policy. Part IV considers the future of environmental law at a time when international environmental concerns have become a major force in global diplomacy and international trade agreements.In drawing together a wide variety of perspectives on these issues, Robert V. Percival and Dorothy C. Alevizatos offer a comprehensive examination of how society has responded to the difficult challenges posed by environmental problems. The selections provide a rich introduction to the complexities of environmental policy disputes. Author note: Robert V. Percival is Professor of Law, Robert Stanton Scholar and Director of the Environmental Law Program of the University of Maryland School of Law. He is the principal author of Environmental Regulation: Law, Science, and Policy, and numerous articles on law and the environment. >P>Dorothy C. Alevizatos is an environmental lawyer with a Baltimore law firm. She has an M.S. in conservation biology from the University of Maryland.