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Law as if Earth Really Mattered

Law as if Earth Really Mattered Author Nicole Rogers
ISBN-10 9781317210573
Release 2017-04-21
Pages 385
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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.



Forging a Socio Legal Approach to Environmental Harms

Forging a Socio Legal Approach to Environmental Harms Author Tiffany Bergin
ISBN-10 9781317386001
Release 2017-06-14
Pages 286
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Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book’s contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.



The Global Emergence of Constitutional Environmental Rights

The Global Emergence of Constitutional Environmental Rights Author Joshua C. Gellers
ISBN-10 9781315524405
Release 2017-05-18
Pages 150
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Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.



Law and Ecology

Law and Ecology Author Andreas Philippopoulos-Mihalopoulos
ISBN-10 9781136817113
Release 2011-03-03
Pages 256
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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. 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.



Contributions to Law Philosophy and Ecology

Contributions to Law  Philosophy and Ecology Author Ruth Thomas-Pellicer
ISBN-10 9781317527350
Release 2016-05-26
Pages 256
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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.



Wild Law

Wild Law Author Cormac Cullinan
ISBN-10 9781920025724
Release 2011-05-01
Pages 243
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In this visionary book, Cormac Cullinan explains how, if the community of life on Earth is to survive, a new understanding of nature and a new concept of legal systems are needed. Cullinan proposes a new approach or "e;Earth Jurisprudence"e; and gives practical guidance on how to begin moving towards it. He shows that this philosophy could help develop new legal systems that would foster human connections to nature. It would encourage personal and social practices that ensure our planet remains liveable.Wild Law is an inspiring and stimulating book, which fuses politics, legal theory, ancient wisdom and personal experiences into a fascinating and eminently readable story.



Information Environmentalism

Information Environmentalism Author Robert Cunningham
ISBN-10 9780857938442
Release 2014-09-26
Pages 320
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øInformation Environmentalism applies four environmental analytical frameworks _ ecology, Šthe commons�, public choice theory, and welfare economics _ to the information environment. The book neatly captures the metaphorical relationship between the ph



Wild Law In Practice

Wild Law   In Practice Author Michelle Maloney
ISBN-10 9781136008320
Release 2014-03-05
Pages 272
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Wild Law - In Practice aims to facilitate the transition of Earth Jurisprudence from theory into practice. Earth Jurisprudence is an emerging philosophy of law, coined by cultural historian and geologian Thomas Berry. It seeks to analyse the contribution of law in constructing, maintaining and perpetuating anthropocentrism and addresses the ways in which this orientation can be undermined and ultimately eliminated. In place of anthropocentrism, Earth Jurisprudence advocates an interpretation of law based on the ecocentric concept of an Earth community that includes both human and nonhuman entities. Addressing topics that include a critique of the effectiveness of environmental law in protecting the environment, developments in domestic/constitutional law recognising the rights of nature, and the regulation of sustainability, Wild Law - In Practice is the first book to focus specifically on the practical legal implications of Earth Jurisprudence.



Law and the Question of the Animal

Law and the Question of the Animal Author Yoriko Otomo
ISBN-10 9780415683500
Release 2013
Pages 196
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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?



Justice Society and Nature

Justice  Society and Nature Author Brendan Gleeson
ISBN-10 9781134760091
Release 2002-09-11
Pages 272
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Justice, Society and Nature examines the moral response which the world must make to the ecological crisis if there is to be real change in the global society and economy to favour ecological integrity. From its base in the idea of the self, through principles of political justice, to the justice of global institutions, the authors trace the layered structure of the philosophy of justice as it applies to environmental and ecological issues. Philosophical ideas are treated in a straightforward and easily understandable way with reference to practical examples. Moving straight to the heart of pressing international and national concerns, the authors explore the issues of environment and development, fair treatment of humans and non-humans, and the justice of the social and economic systems which affect the health and safety of the peoples of the world. Current grass-roots concerns such as the environmental justice movement in the USA, and the ethics of the international regulation of development are examined in depth. The authors take debates beyond mere complaint about the injustice of the world economy, and suggest what should now be done to do justice to nature.



Feminist Judgments

Feminist Judgments Author Rosemary Hunter
ISBN-10 9781847317278
Release 2010-09-30
Pages 504
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While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world? If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn?other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'



Greening Justice

Greening Justice Author George William Pring
ISBN-10 0615338836
Release 2009
Pages 119
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"This report lays out a decision-making framework for creating an ECT [environmental court and tribunal] that can be useful in different legal cultures and political situations. It provides the tools and support necessary to enhance access to environmental justice in countries around the world that, in turn, will advance the principles of environmental protection, sustainable development, and intergenerational equity through the institutions responsible for delivering environmental justice"--Introd.



Law for Business and Personal Use

Law for Business and Personal Use Author John Adamson
ISBN-10 9780538445887
Release 2008-02-08
Pages 688
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Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.



Foreign Investment and the Environment in International Law

Foreign Investment and the Environment in International Law Author Jorge E. Viñuales
ISBN-10 9781139576734
Release 2012-09-13
Pages
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Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.



Compendium of the Social Doctrine of the Church

Compendium of the Social Doctrine of the Church Author
ISBN-10 9781853908392
Release 2005-01-01
Pages 494
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Compendium of the Social Doctrine of the Church has been writing in one form or another for most of life. You can find so many inspiration from Compendium of the Social Doctrine of the Church also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Compendium of the Social Doctrine of the Church book for free.



The Right to Water

The Right to Water Author Farhana Sultana
ISBN-10 9781136518638
Release 2013-10-18
Pages 288
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The right to clean water has been adopted by the United Nations as a basic human right. Yet how such universal calls for a right to water are understood, negotiated, experienced and struggled over remain key challenges. The Right to Water elucidates how universal calls for rights articulate with local historical geographical contexts, governance, politics and social struggles, thereby highlighting the challenges and the possibilities that exist. Bringing together a unique range of academics, policy-makers and activists, the book analyzes how struggles for the right to water have attempted to translate moral arguments over access to safe water into workable claims. This book is an intervention at a crucial moment into the shape and future direction of struggles for the right to water in a range of political, geographic and socio-economics contexts, seeking to be pro-active in defining what this struggle could mean and how it might be taken forward in a far broader transformative politics. The Right to Water engages with a range of approaches that focus on philosophical, legal and governance perspectives before seeking to apply these more abstract arguments to an array of concrete struggles and case studies. In so doing, the book builds on empirical examples from Africa, Asia, Oceania, Latin America, the Middle East, North America and the European Union.



Trans jurisdictional Water Law and Governance

Trans jurisdictional Water Law and Governance Author Janice Gray
ISBN-10 9781317401155
Release 2016-06-23
Pages 332
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Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.