Privatisation and Climate Change: a Question of Duties?

Jus Cogens 6 (1):89-108 (2024)
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Abstract

If the state outsources a responsibility to private actors to plant trees, is that necessarily a bad thing? Surely, one would think not. Still, in constitutional theory, there are many forceful arguments against privatisation. One of the core arguments against privatisation is the question of who ought to do what and what it means for a policy area to be inherently public. In this paper, I am interested in varieties of privatisation and in particular what privatisation means in the context of climate change. The aim of the paper is to show that precisely because there is a variety of privatisation, in some areas, such as the environment and regarding climate change, we may discuss the question of ‘duty’ rather than privatisation as such.

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References found in this work

Force and freedom: Kant's legal and political philosophy.Arthur Ripstein - 2009 - Cambridge, Mass.: Harvard University Press.
Making the All‐Affected Principle Safe for Democracy.James Lindley Wilson - 2022 - Philosophy and Public Affairs 50 (2):169-201.
Responsibility for climate justice: Political not moral.Michael Christopher Sardo - 2020 - Sage Publications: European Journal of Political Theory 22 (1):26-50.
Responsibility for climate justice: Political not moral.Michael Christopher Sardo - 2020 - European Journal of Political Theory 22 (1):26-50.
Just and Unjust Wars.M. Walzer - 1979 - Philosophy 54 (209):415-420.

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