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Rethinking Environmental Law: Why Environmental Laws Should Conform to the Laws of Nature

Rethinking Environmental Law: Why Environmental Laws Should Conform to the Laws of Nature

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788976022
  • 出版时间 August 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,163.25
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules, highlighting that established approaches to existential threats impacting our natural environment cannot be relied upon.

    Calling for a rethinking of how science is best used in environmental law, it explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed. Proposing a new algorithm for the formulation of workable environmental laws, Laitos explores the ways in which these should be linked to the laws of connection, simplicity, economy, and symmetry. This innovative book illustrates examples of this new class of laws, based not on regulations and rules, but on rights and duties.

    Rethinking Environmental Law will be an illuminating read for students and scholars of environmental law and policy. Suggesting an alternative role for science in developing environmental policy, it will also be of value to environmental policy makers.

  • Prologue
    1. Introduction: Replacing the standard algorithm for environmental law
    PART I. UTILITARIAN SCIENCE AND A PRESUMPTION OF SEPARATION
    2. Introduction to Part I
    3. The standard model of nature and humans, and the historic presumption of separation
    4. Environmental laws and the rule of separation
    PART II. LOOK AT MOTHER NATURE ON THE RUN
    5. Introduction to Part II
    6. The reckoning
    PART III. EXPLANATORY SCIENCE AND A NEW PRESUMPTION OF ENTANGLEMENT
    7. Introduction to Part III
    8. A more realistic model of nature and humans, reflecting a presumption of entanglement
    9. Environmental laws reflecting a presumption of entanglement
    10. The paralysis paradox and the untapped role of explanatory science in solving “big” environmental problems
    PART IV. NO NEED FOR MORE LAW, ONLY DIFFERENT LAW
    11. Introduction to Part IV
    12. The laws of nature and the principle of universality
    13. Environmental law and the Universal Laws of Nature
    PART V. SYMMETRICAL ENVIRONMENTAL PROTECTIONS: RECIPROCAL RIGHTS AND DUTIES CONFORMING TO NATURE’S LAWS
    14. Introduction to Part V
    15. A positive legal right for the social-ecological system
    16. A positive duty imposed on humans to ensure the survival of Earth’s SES

    Index

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