This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available (...) to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, et cetera If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe. (shrink)

In this article we argue that sustainable development is not a socio-ecologically friendly principle. The principle, which is deeply embedded in environmental law, policymaking and governance, drives environmentally destructive neoliberal economic growth that exploits and degrades the vulnerable living order. Despite seemingly well-meaning intentions behind the emergence of sustainable development, it almost invariably facilitates exploitative economic development activities that exacerbate systemic inequalities and injustices without noticeably protecting all life forms in the Anthropocene. We conclude the article by examining an (...) attempt to construct alternatives to sustainable development through the indigenous onto-epistemology of buen vivir. While no panacea, buen vivir is a worldview that offers the potential to critically rethink how environmental law could re-orientate away from its ‘centered’, gendered and anthropocentric, neoliberal sustainable development ontology, to a radically different ontology that embraces ecologically sustainable ways of seeing, being, knowing and caring. (shrink)

This article aims to provide a semiotic analysis of environmental law and youth protests. More precisely, drawing on speech act theory this article regards both as types of communication and teases out the inherent voice and message, specifically with regard to the interests of future generations. The argument unfolds in three steps. First, the article looks into speaker and speech of environmental law and argues that it speaks, as legislation does, in the first-person plural voice of a ‘we’. (...) Second, the article examines a speech of Greta Thunberg through the lens of Stanley Cavell’s theory of passionate utterances. This interpretation will unlock the political stakes of Thunberg’s speech as she claims standing with those responsible for enacting environmental law. Finally, the consequences of this reading will be analysed by relating message and voice of environmental law. As youth protests question ordinary forms of political representation, new ways of safeguarding the interests of future generations are called upon. (shrink)

This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of ...

It is increasingly clear that law and its enforcement in Victorian Britain were quite effective in tackling formative industrial problems concerning pollution and broader threats to nature. What is unclear is the political philosophy, if any, underlying this historic achievement. A prevalent view is that early ‘environmental’ law lacked any philosophical underpinning. The article revisits this issue with reference to Dicey’s analysis of 19th century ‘law-making public opinion’. Dicey identified three broad streams of seminal opinion that, he argued, shaped (...) laws as the century unfolded. The early part of the century was dominated by ‘Old Toryism’, including the romantic conservatism associated with Samuel Taylor Coleridge. This then gave ground to ‘Benthamism’ which in turn ceded dominance to ‘collectivism’. Whilst Dicey ignored laws relating to the environment, I argue that this is not because these presented a particular difficulty for his thesis. Indeed, all three seams of ‘law-making opinion’ converged around the legal protection of nature to offer a rich and diverse philosophical foundation for environmental law. (shrink)

Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change. This article seeks to identify how customary norms and general principles of international environmental law could guide the development of regulation of AM maximizing the benefits of using AM and minimizing AM-related risks. Among the customary norms and principles of international environmental law discussed in the article and relevant to the regulation of AM are the (...) permanent sovereignty over natural resources, the principle of cooperation, the no-harm rule, the precautionary principle, the principles of prevention, due diligence, and obligation to conduct environmental impact assessment (EIA), the principles of integration and intergenerational equity, common but differentiated responsibilities, and the polluter pays principle, the principles of non-regression, progression, resilience, in dubio pro natura, the principle of ecological proportionality, and the principle of access to information, public participation, and access to justice in environmental matters (principle of good governance, environmental democracy). (shrink)

The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from (...) the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future. (shrink)

This article seeks to contribute to ongoing debates on the nature and foundations of environmental law. In doing so, the article accepts the claim made in much of the recent analytical environmental law scholarship that the discipline suffers from a lack of coherence. In a response to this claim, the article probes the potential reasons behind this incoherence. In relying on recent scholarship in the disciplines of social psychology and cultural cognition, the article argues that individual understanding of (...) environmental risks in accordance with a priori held beliefs and values aided by cognitive biases, lends support to a scenario of multiple and diverse understandings of environmental problems. This diversity is in turn reflected in both the form and content of environmental law. In a response to this diversity and incoherence, the article identifies the philosophy of pragmatism and argues that a modest interpretation of pragmatism has the potential to alleviate the biases and heuristics that give rise to the individual understanding of environmental risks. (shrink)

The primary objective of this anthology is to make intergenerational justice an issue for intercultural philosophy, and, conversely, to allow the latter to enrich the former. In times of large-scale environmental destabilization, fair- ness between generations is an urgent issue of justice across time, but it is also a global issue of justice across geographical and nation-state borders. This means that the future generations envisioned by the currently living also cross these borders. Thus, different philosophical cultures and traditions of (...) thought should converse to re ect on what is fair to future people. In the remainder of this introduction, we will detail these claims and give an overview of the volume’s chapters. (shrink)

_A Companion to Environmental Philosophy_ is a pioneering work in the burgeoning field of environmental philosophy. This ground-breaking volume contains thirty-six original articles exemplifying the rich diversity of scholarship in this field. Contains thirty-six original articles, written by international scholars. Traces the roots of environmental philosophy through the exploration of cultural traditions from around the world. Brings environmental philosophy into conversation with other fields and disciplines such as literature, economics, ecology, and law. Discusses environmental problems (...) that stimulate current debates. (shrink)

Comparative environmental philosophy is a relatively new discipline that came into existence in 1984 at the Institute for Comparative Philosophy at the University of Hawai’i.1 The first book on the subject, Roger T. Ames and J. Baird Callicott’s Nature in Asian Traditions of Thought, grew out of this meeting, and since its release there have been only two other books to deal with the environmental thought of India, China, and Japan: Callicott’s monograph Earth’s Insights and his more recent (...) anthology Environmental Philosophy in Asian Traditions of Thought.2 The only book to deal specifically with Indian environmental ethics is an anthology by George Alfred James, Ethical Perspectives on Environmental Issues in.. (shrink)

Scholars in philosophy, law, economics and other fields have widely debated how science, environmental precaution, and economic interests should be balanced in urgent contemporary problems, such as climate change. One controversial focus of these discussions is the precautionary principle, according to which scientific uncertainty should not be a reason for delay in the face of serious threats to the environment or health. While the precautionary principle has been very influential, no generally accepted definition of it exists and critics charge (...) that it is incoherent or hopelessly vague. This book presents and defends an interpretation of the precautionary principle from the perspective of philosophy of science, looking particularly at how it connects to decisions, scientific procedures, and evidence. Through careful analysis of numerous case studies, it shows how this interpretation leads to important insights on scientific uncertainty, intergenerational justice, and the relationship between values and policy-relevant science. (shrink)

Cottingham : Western philosophy : an anthology (second edition) -- Cahoone : from modernism to postmodernism : an anthology (expanded -- Second edition) -- Lafollette : ethics in practice : an anthology (third edition) -- Goodin and Pettit: contemporary political philosophy: an anthology (second -- Edition) -- Eze: african philosophy : an anthology -- McNeill and Feldman : continental philosophy : an anthology -- Kim and Sosa : metaphysics : an anthology -- Lycan and Prinz : mind and cognition : (...) an anthology (third edition) -- Kuhse and Singer : bioethics : an anthology (second edition) -- Cummins and Cummins : minds, brains, and computers : the foundations of -- Cognitive science : an anthology -- Sosa, Kim, Fantl, and McGrath epistemology : an anthology (second edition) -- Kearney and Rasmussen : continental aesthetics, romanticism to -- Postmodernism : an anthology -- Martinich and Sosa : analytic philosophy : an anthology -- Jacquette : philosophy of logic : an anthology -- Jacquette : philosophy of mathematics : an anthology -- Harris, Pratt, and Waters : American philosophies : an anthology -- Emmanuel and Goold: modern philosophy from Descartes to Nietzsche : an anthology -- Scharff and Dusek : philosophy of technology ; the technological condition : an anthology -- Light and Rolston : environmental ethics : an anthology -- Taliaferro and Griffiths : philosophy of religion : an anthology -- Lamarque and Olsen : aesthetics and the philosophy of art; the analytic -- Tradition : an anthology -- John and Lopes : philosophy of literature ; contemporary and classic -- Readings : an anthology -- Cudd and Andreasen : feminist theory : a philosophical anthology -- Carroll and Choi : philosophy of film and motion pictures : an anthology -- Lange : philosophy of science : an anthology -- Shafer-Landau and Cuneo : foundations of ethics : an anthology -- Curren : philosophy of education : an anthology -- Shafer-Landau : ethical theory : an anthology -- Cahn and Meskin : aesthetics : a comprehensive anthology -- McGrew, Alspector-Kelly and Allhoff : the philosophy of science : an historical -- Anthology -- May and Brown : the philosophy of law : classic and contemporary readings -- Forthcoming -- Rosenberg and ARP : philosophy of biology : an anthology. (shrink)

Seminal essays on environmental philosophy from Indian, Chinese, and Japanese traditions of thought. Environmental Philosophy in Asian Traditions of Thought provides a welcome sequel to the foundational volume in Asian environmental ethics Nature in Asian Traditions of Thought. That volume, edited by J. Baird Callicott and Roger T. Ames and published in 1989, inaugurated comparative environmental ethics, adding Asian thought on the natural world to the developing field of environmental philosophy. This new book, edited by (...) Callicott and James McRae, includes some of the best articles in environmental philosophy from the perspective of Asian thought written more recently, some of which appear in print for the first time. Leading scholars draw from the Indian, Chinese, and Japanese traditions of thought to provide a normative ethical framework that can address the environmental challenges being faced in the twenty-first century. Hindu, Buddhist, Confucian, and Daoist approaches are considered along with those of Zen, Japanese Confucianism, and the contemporary philosophy of the Kyoto School. An investigation of environmental philosophy in these Asian traditions not only challenges Western assumptions, but also provides an understanding of Asian philosophy, religion, and culture that informs contemporary environmental law and policy. J. Baird Callicott is University Distinguished Research Professor of Philosophy at the University of North Texas and author and editor of many books, including Beyond the Land Ethic: More Essays in Environmental Philosophy, also published by SUNY Press. James McRae is Associate Professor of Philosophy and Religion at Westminster College in Missouri. He is the coeditor (with Robert Arp and Adam Barkman) of The Philosophy of Ang Lee. (shrink)

This paper is based on the concept of environmental political philosophy and from its perspective, it highlights the weaknesses and contradictions of contemporary, existing democracies. It aims to formulate an outline of the concept of environmental democracy, following the accounts of M. Bookchin, R. Morrison and H. Skolimowski, as well as international environmental law enshrined in United Nations documents and resolutions. It is based on the hypothesis that the preservation of a democratic political system in a situation (...) of a collapsing planetary system (the Anthropocene) requires improving the foundations of democratic theory with the insights of the Earth system sciences, particularly of political ecology and critical environmentalism. Through philosophical analysis, explanation and interpretation, this paper explores an environmental democracy that would, on the one hand, preserve the basic constitutional principles of current democratic constitutional regimes, and, on the other hand, reconcile them with the current state of understanding in the Earth sciences concerning the vulnerability of the planetary system. In a sense, J. Habermas’s understanding of human rights characterizes the concept of environmental democracy as a realistic utopia. The author concludes by drawing up the imperative of sustainability, which he sees as a guiding organizing principle of institutions and public policies for the climatic, demographic and economic regime of the Anthropocene. -------------------------- Received: 16/12/2022. Reviewed: 09/03/2023. Accepted: 30/03/2023. (shrink)

Edited by leading experts in contemporary environmental philosophy, this anthology features the best available selections that cover the full range of positions within this rapidly developing field. Divided into four sections that delve into the vast issues of contemporary Eco-philosophy, the Fourth Edition now includes a section on Continental Environmental Philosophy that explores current topics such as the social construction of nature, and eco-phenomenology. Each section is introduced and edited by a leading philosopher in the field. For professionals (...) with a career within the environmental field including law, politics, conservation, geography, and biology. (shrink)

How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace -- in other words --the 'posthuman' condition -- a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and (...) related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative. Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice. (shrink)

The call by Chinese environmentalists for an ecological civilization to supersede industrial civilization, subsequently embraced by the Chinese government and now being promoted throughout the world, makes new demands on legal systems, national and international. If governments are going to prevent ecological destruction then law will be essential to this. The Chinese themselves have recognized grave deficiencies in their legal institutions. They are reassessing these and looking to Western traditions for guidance. Yet law as it has developed in the West, (...) particularly in Anglophone countries, which has crystallized as the tradition of ‘liberal legalism’, is in a state of crisis. Rather than being taken as a cause for despair at the legal traditions of East and West, this challenge could be taken as an opportunity to fundamentally rethink the basis of the law and its role in society and civilization. To overcome the deficiencies in the theory and practice of law in so-called ‘liberal democracies’ I will argue here that it will be necessary to revive and develop the philosophies of law associated with the ‘Radical Enlightenment’. (shrink)

The word Anthropocene, referring to a new era of humanity’s uncontrolled exercise of power over the Earth as a geophysical unit, could be translated using a cognitive metaphor as “the Age of Loss”. We have gained such power that we are unable to adjust or even fully track its manifestations. The relation between loss and power is continuous in all the basic areas of materialization of socio-political concepts: in politics, in economics, in law and the judiciary, in legislation, environmental (...) protection, etc. The philosophy of loss and power is inseparable from economic concerns. The entirety of Western civilization is built on the economic calculus of profit and loss, whose results are directly transformed into decisions of power made by the administrative, political, ownership and power-broking elites. The environmental and climate crisis is therefore also a crisis of privilege of one group over others. The question for politics is which political means can one use to achieve a state of uncorrupted voluntary depriviligization. This level of prosperity will itself be the subject of environmental self-limitation, being presented as “loss”. It will be posed as a political problem with the intention of depoliticizing the subject and inequality of civilizations; precisely in accordance with the posed political problem of democracy, which has already uncovered the basic connection: liberalism won’t make a poor country rich. (shrink)

This chapter contains sections titled: Environmental impacts and health effects Risk assessment and management The precautionary principle Responsibility and burden of proof Environmental standards Market approaches Citizen participation and standing to sue International environmental law The future of environmental law.

This volume brings scholarly attention to the Midwest and to how broader concerns of environmental ethics manifest. Consisting of eight essays, a wide range of topics is covered, such as agrarian ethics and Stoicism, the Dakota access pipeline and Indigenous women's activism, philosophy of law and species classification, environmental justice and the Flint water crisis, hog farming and anti-microbial drug resistance, science education standards and climate change education, virtue ethics and ecological restoration, and environmental pragmatism and the (...) Clear Water Act; and more. Each accessibly written chapter brings multidisciplinary complexity to bear on this complex region. The authors include philosophers working in environmental ethics and other subfields of philosophy, and together with scholars in fields such as environmental sociology, American Indian studies, and environmental studies, they provide a fresh and necessary perspective on the American Midwest. (shrink)

William James’s radical empiricism and pragmatism constitutes a philosophy that can reconcile the split between intrinsic value theorists, who stress the development and relevance of theoretical axiology, and pragmatists who have favored a more direct emphasis on environmental policy and application. By distinguishing James’s emphasis on direct personal experience from John Dewey’s more socialized approach, James’s distinctive emphasis on the transformative possibilities of pure experience and his links to romantic sensibility enable us to articulate and validate the noninstrumental aspects (...) of experienced environmental values that anti-pragmatists habitually regard pragmatism as unable to speak for. Using James’s framework to explicate and support Anthony Weston’s radically noninstrumental “immediate values” better expresses the felt noninstrumental worth of nature than intrinsic value theory can. Nonetheless, a rapprochement between the two sides is possible: although James’s pragmatic naturalism is the framework that can best capture nature’s experienced noninstrumental worth and link it to wider human values, intrinsic value theory has real practical application in the realm of law, and pragmatists can support it in that domain, thus upholding the primary emphasis on practicality and policy that is usually seen as pragmatism’s main strength. (shrink)

International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. It covers (...) the various actors within the system, the theories that help explain their behavior, and the principles and sources of law they create. Part Two turns to the fora that define and support the international order, the historical and political contexts that impacted their design, and their efficacy. Part Three is a capstone section that asks students to weave together everything they have learned in Parts One and Two. Students will engage in normative development regarding climate change, including the existing international treaty regime and U.S. implementation options, and the law of war in the modern age. The cornerstone of this book is its organization. The text groups material into conceptual frameworks that promote understanding and retention. For example, rather than consider the various dispute resolution fora in isolation, Part Two asks students to consider them in the context of what types of disputes arise and what legal rules can be employed to resolve them in various international and domestic fora. The institutions also are presented in chronology. In this way, students are encouraged to chart the developmental progression and to make connections and comparisons between various institutions. The use of conceptual frameworks continues within each part. For example, Chapter Six covers the sovereign State as a conflict resolution forum. Under this umbrella, the author discusses (a) State Jurisdiction; (b) The Reception of International Law into the Domestic Sphere; (c) The Qualification as a State Forum or State Litigant (i.e., Recognition of States & Governments); and (d) Protections Afforded Within the Forum: Sovereign, Diplomatic, and Consular Immunity. A typical coursebook might locate this material in four different chapters. The conceptual framework approach, however, allows students to see the big picture and the relationship between concepts. In addition to the frameworks, there are several other innovative pedagogical devices that support student learning. There are Foundation Questions that initially direct readers through the material and cumulatively help students confirm whether they have grasped key takeaways from each section. There also are Assessment Sets in each section, which provide students with immediate opportunities to apply material and gauge their understanding, and "Why Is This Important (a/k/a WITI Moment)" prompts designed to delve deeper into the underpinnings and consequences of various rules. Finally, there are directed reading notes before some more complex readings and margin annotations to keep readers oriented. (shrink)

Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors, and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in (...) which states act as its main subjects, the traditional sources of international law - international legal statutes, customary international law, historical precedents and general principles of law - create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics - including environmental law, the law of the sea, colonialism, human rights, conflict, and the impact of science and technology - it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book's posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists, and others with interests in posthuman thought, technology, colonialism and ecology. (shrink)

Environmental law and environmental protection have long been portrayed as requiring tradeoffs between incompatible ends: "jobs versus environment;" "markets versus regulation;" "enforcement versus incentives." Behind these views are a variety of concerns, including resistance to government regulation, skepticism about the importance or extent of environmental harms, and sometimes even pro-environmental views about the limits of Earth's carrying capacity. This framework is perhaps best illustrated by the Trump Administration, whose rationales for a host of environmental and (...) natural resources policies have embraced a zero-sum approach, seemingly preferring a world divided into winners and losers. Given the many significant challenges we face, does playing the zero-sum game cause more harm than good? And, if so, how do we move beyond it? This book is the third in a series of books authored by members of the Environmental Law Collaborative (ELC), an affiliation of environmental law professors that began in 2011. In it, the authors tackle the origins and meanings of zero-sum frameworks and assess their implications for natural resource and environmental protection. The authors have different angles on the usefulness and limitations of zero-sum framing, but all go beyond the oversimplified view that environmental protection always imposes a dead loss on some other societal value. (shrink)

Doing Environmental Ethics offers a way to face our ecological crisis that draws on environmental science, economic theory, international law, and religious teachings, as well as philosophical arguments. It engages readers in constructing ethical presumptions based on our duty, our character, our relationships, and our rights. Then it tests these moral presumptions by predicting the likely consequences of acting on them. Readers apply what they have learned to specific policy issues discussed in the final part of the book: (...) sustainable consumption, environmental policy, clean air and water, agriculture, managing public lands, urban ecology, and climate change. Questions after each chapter and a worksheet aid readers in deciding how to live more responsibly as consumers and as citizens. “What you do matters,” Robert Traer writes, “and the person you are also matters. In ethics we look for reasons to explain why this is so.”. (shrink)

Applied Natural Science: Environmental Issues and Global Perspectives will provide the reader with a complete insight into the natural-scientific pattern of the world, covering the most important historical stages of the development of various areas of science, methods of natural-scientific research, general scientific and philosophical concepts, and the fundamental laws of nature. The book analyzes the main scientific trends and developments of modern natural science and also discusses important aspects of environmental protection. Topics include: the problem of "the (...) two cultures": the mathematization of natural sciences and the informatization of society; the non-linear nature of the processes occurring in nature and society; application of the second law of thermodynamics to describe the development of biological systems; global problems of the biosphere; theory and practice of stable organic paramagnetic materials; polymers and the natural environment. Key features include: an interdisciplinary approach in considering scientific and technical problems; a discussion of general scientific trends in modern natural science, including globalization challenges in nature and society, the organic chemistry of stable paramagnetic materials, the fundamentals of the environmental chemistry of polymeric materials, etc.; a justification of applying classical (non-equilibrium) thermodynamics to studying the behavior of open (including biological) systems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 12.2 (2007) 128-130MuseSearchJournalsThis JournalContents[Access article in PDF]The Future of Environmental PhilosophyIrene J. KlaverEnvironmental philosophy is invitational: it in-vites thinking into life as well as life into thinking. Life is vita in Latin—the same vita as in vital and in vitamins. An in-vita-tion leads to new connections, or a renewal of existing relations. This affects how we understand things. As Wittgenstein says, "understanding [...] consists (...) in the very fact that we 'see connections.'"1 This is the case for philosophy in general, it makes connections, reveals relations between entities, thoughts, and events, which elucidates our understanding. Environmental philosophy has (re-)opened certain realms of relevance to philosophical inquiry by foregrounding our connections to the non-human world. It accommodates the broadest invitation: of life itself, including our relation to the conditions of life.The future of environmental philosophy lies precisely in this broad invitation. That means that it needs to occupy a profoundly interdisciplinary place, at the node of multiple institutions and practices. It deals with global issues on a local level and with the effects of local issues on a global scale. This involves science, policy, economy, law, ethics, aesthetics, religion, history, etc. An environmental philosopher is a specific generalist, someone who can connect various relations, sees the multiple angles in a particular perspective, the world in a grain of sand.The evolved environmental philosopher is a translator, translating various concerns along multiple perspectives. Translation is crucial to an understanding of the viewpoints, positions, and situations of others. Environmental philosophy enlarges the category of the "other" with many more entities. This is not a politically correct move to bring so-called repressed voices to the fore, it is to evoke different modes of knowledge and experience, to enhance cultural imagination2, a crucial component to raising awareness about environmental concerns.In her 1962 book Silent Spring3, Rachel Carson connected pesticide DDT to the decline in some predatory bird populations and sparked the rise of the environmental movement. She triggered a powerful cultural imagination by invoking a future silent spring without the singing of birds. Hegel saw the owl of Minerva as the symbol of wisdom, spreading "its wings only with the falling of the dusk."4 That is, for Hegel understanding arises after the events, philosophy can never be prescriptive. [End Page 128] Environmental philosophy, on the contrary, is engaged thinking, its understanding arises out of the practices of the everyday. The albatross around our neck is of our own shooting. Environmental ethics and environmental justice might stake out basic prescriptive rules, but these are always born from knowledge of—if not a participation in—certain practices. Environmental philosophy's bird is the spotted owl of social-political engagement, the canary in the mineshaft, but also the sparrow in the backyard. Birds that fly from dawn to dusk, seeing and reporting in the light the practical connections that reveal understanding, possible action, communication needs, and suggest a lexicon for translation. In and through practical connections rises therefore translation and understanding.Understanding is a transformative process—it changes our interpretative frameworks. When we see connections we begin to understand how the dead zone in the Gulf of Mexico is related to agriculture in the midwestern United States thousands of miles away, with watersheds within the Mississippi River Basin draining nitrogen fertilizers into the Mississippi, causing hypoxia in the Gulf.5 Environmental philosophy shows how wetlands are not just wastelands but take nitrogen and phosphorus out of the water, buffer "our" coasts, and feed the migrating birds along their long routes. By not seeing these connections, our wetlands are pumped dry; and by abusing our water, springs disappear, major rivers strand in sand, and dead zones emerge in oceans and seas. "These, too, were silent, deserted by all living things," Rachel Carson states, writing about streams.6 In the twenty first century it is no longer a "fable of tomorrow:" silent springs, silent rivers, silent seas.Environmental philosophy is empirical philosophy dealing with big issues such as global warming, biodiversity, and sustainability, but... (shrink)

This paper explores some interconnections between the business and environmental ethics movements. The first section argues that business has obligations to protect the environment over and above what is required by environmental law and that it should cooperate and interact with government in establishing environmental regulation. Business must develop and demonstrate environmental moral leadership. The second section exposes the danger of using the rationale of "good ethics is good business" as a basis for such business moral (...) leadership in both the business and environmental ethics movements. The third section cautions against the moral shallowness inherent in the position or in the promotional strategy of ecological homocentrism which claims that society, including business, ought to protect the environment solely because of harm done to human beings and human interests. This paper urges business and environmental ethicists to promote broader and deeper moral perspectives than ones based on mere self-interest or human interest. Otherwise both movements will come up ethically short. (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings (...) together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law. (shrink)

Climate change harmfully affects social and natural systems. These outcomes adversely affect the human and natural systems, resulting in adopting related-response measures whose implementation yields similar outcomes, especially when poorly designed. Climate-related projects, actions, and policies cause harmful environmental impacts, even though the United Nations Convention on Climate Change and its subsequent instruments urge parties, when dealing with climate change, to employ methods that preserve the quality of the environment. Few studies have established the effects of these environmentally, economically, (...) culturally, and socially unsound mechanisms on public participation, although research usually proves that ecological and environmental citizenship can enhance climate action. The study also highlights gaps in the common understanding of public participation in climate action. This reflection analyses the relationships between public participation and climate response measures and concludes that uncertainty related to response measures could affect the perception of climate action by the public. The reflection, therefore, shows that many international environmental law legal instruments, policies, and scholarships attempt to address the issue. (shrink)

The contribution describes the legal phenomenon as a playing field characterized by a progressive regression of the law, understood as a sovereign will from top to bottom, both in the vision of formalist legal positivisms in continental Europe and in realist terms, in the United States. Soft law represents the main strategy to subordinate the law to the interests of the economy, elasticizing environmental law, making it favorable to the market, reducing ecology to the simplistic metric of CO2 emissions. (...) The consequence is a retreat of the statist vertical normativity of law which is not replaced by a de facto power granted to those who control the technology, built by design to close spaces for pluralism and democratic action, in the interest of surveillance and concentrated power in private and government oligopolies. The author concludes by advocating the urgency for genuinely innovative categories, particularly in the legal education, such as the commons, capable of including sustainability into a “new ecological jurisprudence committed to inclusion and solidarity rather than exclusion and struggle”. (shrink)

Although contemporary methods of environmental regulation have registered some significant accomplishments, the current system of environmental law is not working well enough. First the good news: Since the first Earth Day in 1970, smog has decreased in the United States by thirty percent. The number of lakes and rivers safe for fishing and swimming has increased by one-third. Recycling has begun to reduce levels of municipal waste. Ocean dumping has been curtailed. Forests have begun to expand. One success (...) story is the virtual elimination of airborne lead in the United States. Another is the rapid phase-out of ozone-layer depleting chemicals worldwide. Nevertheless, prominent commentators of diverse political persuasions agree in an assessment that conventional models of environmental law have “failed.” Many environmental problems remain unsolved: species extinction, global desertification and deforestation, possible global climate change, and continuing severe air and water pollution in urban areas and poor countries. What is more, successful environmental protection has come only at enormous economic cost. By the year 2000, the Environmental Protection Agency estimates that the United States will spend approximately two percent of its gross national product on environmental pollution control. Academic economists have pointed out the nonsensical inefficiency of many environmental regulations, but usually to no avail. (shrink)

This book provides a richly interdisciplinary assessment of the thought and work of Bryan Norton, one of most innovative and influential environmental philosophers of the past thirty years. In landmark works such as Toward Unity Among Environmentalists and Sustainability: A Philosophy of Adaptive Ecosystem Management, Norton charted a new and highly productive course for an applied environmental philosophy, one fully engaged with the natural and social sciences as well as the management professions. A Sustainable Philosophy gathers together a (...) distinguished group of scholars and professionals from a wide array of fields to engage Norton’s work and its legacy for our shared environmental future. A study in the power of intellectual legacy and the real-world influence of philosophy, the book will be of great interest scholars and students in environmental philosophy, public policy and management, and environmental and sustainability studies. By considering the value and impact of Norton’s body of work it will also chart a course for the next generation of pragmatic environmental philosophers and sustainability scholars grappling with questions of environmental value, knowledge, and practice in a rapidly changing world. (shrink)

Islamic environmentalism is an intellectual movement whose representatives discuss contemporary environmental problems in the language of Islamic theology. This field includes Shariah-based environmental law, environmental activism, and environmental philosophy. This article is an overview of the genealogy of this philosophical trend: key names will be listed and their contributions to the development of this movement will be analyzed. For example, the legacy of Sayyid Hossein Nasr, considered the founding father of Islamic environmentalism, will be examined in (...) detail. The religious and ethical program of this philosophical movement will be analyzed in detail. The categorical apparatus to which Islamic eco-activists, philosophers, and ulema turned as the Islamic environmental agenda expanded will also be examined, such as how the concepts of khalifa, hima, and misan were conceptualized. Philosophers whose writings we will turn to include Iraqi philosopher and jurist Mawil Izzi Dien, British eco-activist Fazlun Khalid, Egyptian Grand Mufti Ali Jumaa, and representatives of so-called “Western Islam” Ziauddin Sardar and Tariq Ramadan. The example of Indonesia will be used to examine how Islamic eco-theology has formed the basis of a multilevel environmental policy. The thesis of the fundamental contradiction underlying Islamic environm entalism is put forward. On the one hand, this movement in its present form genetically dates back to the European protest movements of the 1960s and 70s, which opposed the culture of mass consumption, impersonal materialism, and overproduction. On the other hand, an equally important part of the rhetoric of a number of Islamic modernists, including on ecology, is the emphasis on the break with Western neoliberal values. The special role of social media in the promotion of Islamic eco-activism is noted separately. (shrink)

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international), and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with (...) specific structures: commercial, environmental, human rights, humanitarian, financial, criminal, and labor law contribute to the formation of postnational law with different modes of functioning, different actors, and different sources of law that should be understood as a new complexity of law. (shrink)