Cargando…
Rule of Law for Nature : New Dimensions and Ideas in Environmental Law.
Questions the doctrinal construction of environmental law and looks for innovative legal approaches to ecological sustainability.
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge :
Cambridge University Press,
2013.
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Rule of Law for Nature; Title; Copyright; Dedication; Contents; Contributors; Preface; Part I Environmental law at the crossroads; 1 Twelve fundamental challenges in environmental law; 1. Introduction; 2. The concepts of 'rule of law' and 'nature'; 3. Twelve fundamental problems in environmental law; 3.1 Nature is self-regulating and complex; we cannot influence the laws of nature; 3.2 Many environmental problems are invisible; 3.3 Many environmental problems are marked by uncertainties; 3.4 Nature cannot itself act legally.
- Nature, the environment, does not itself have a voice in decision-making3.5 Many environmental goods and services are public goods in the economic sense; 3.6 Environmental values
- and environmental harms
- are difficult to price correctly in decision-making; 3.7 The problem of 'the small decisions paradox'; 3.8 Many environmental problems cross economic and social sectors both in their causes and their effects; 3.9 The most serious environmental problems cross administrative borders; 3.10 Many environmental effects are long term; 3.11 Corruption.
- 3.12 Plurality of values and complexity in decision-making4. The dilemma of 'attacking the problem at the source'; 2 Rule of law for nature in a kaleidoscopic world; 1. The path to today; 2. Path to the future; 2.1 The kaleidoscopic world; 2.2 Legal instruments for the future; 2.3 Concluding reflections; 3 Evolved norms; 1. Introduction; 2. Compasses for uncharted landscapes; 3. Acknowledging biological foundations for law; 4. Exploring sociobiology in the quest for a rule of law for nature; 5. The principle of cooperation; 6. The principle of biophilia; 7. The principle of resilience.
- 8. Justice for humans and naturePart II A rule of law for nature; 4 Grounding the rule of law; 1. Grounding the rule of law in a time of crisis; 2. About the rule of law; 3. The context of nature; 3.1 Environmental grundnorm; 3.2 Natural law; 3.3 The human and natural sphere; 3.4 Culture of self-constraint; 4. Sustainability as a foundational principle; 4.1 Short history of sustainability; 4.2 Ecological core of sustainable development; 4.3 Ecological approach to the rule of law; 5. Conclusion: implications for environmental law research; 5.1 A new era of environmental legal research.
- 5 The rule of Nature's law1. Introduction; 2. A failure of governance; 3. The rule of law; 4. The purpose of law; 5. Domination or participation?; 6. Reimagining the rule of law; 7. The transformation of law; 8. Conclusions; Part III Designing a rule of law for nature; 6 Ecological proportionality; 1. Introduction; 2. From sociological to ecological proportionality; 2.1 The tradition of proportionality; 2.2 Suggesting an analogy; 2.3 Designing ecological proportionality; 3. Legal status; 3.1 A social norm; 3.2 A legal norm; 3.3 Social and legal norms combined; 3.3.1 Unregulated areas.