This paper analyses the role of a code of ethics for judges in connection to a contemporary definition of responsive ‘T-shaped’ judicial professionalism and the professional-ethical questions which can arise in judicial decision-making regarding politically and societally controversial issues. The paper’s case study focuses on climate-change related litigation in Dutch courts. First, a theoretical framework which conceptualises practical and ethical elements of T-shaped judicial professionalism as ‘virtuous judgecraft’, building on the work of Kritzer and Van Domselaar, addresses the (...) knowledge, skills, and ethical mindset that judges need for fulfilling their roles in relation to this notion of professionalism. Next, the paper analyses to what extent connections with guidelines of the Dutch Guide to Judicial Conduct (GJC), considered in light of the developed framework of virtuous judgecraft, can be recognised in the approaches of judges in the landmark Urgenda judgments. Based on this analysis, the paper presents conclusions regarding the value of the GJC for enhancing judicial performance and for explaining judgments, in particular those which involve complex societal issues, to parties and the general public. (shrink)

The purpose of this contribution is to analyse climate change litigation in an innovative way, considering it as an example of “privatisation” of international law, and unravelling the “ecological” side of conflict-of-laws climate change litigation. The paper will first explain the concept of privatisation of law as applied to international law and what it means in the context of climate change litigation, before moving to a landmark case, whose appeal is still pending in front (...) of a domestic court in Europe: Milieudefensie et al. v. Royal Dutch Shell plc. The focus of the analysis of the cases will be limited to the use of the conflict-of-laws mechanism present in the Rome II Regulation, namely Article 7. The paper critically assesses the principle of ubiquity included in this provision, by looking at the concept of “event giving rise to the damage” as applied in CO2 reduction claims in the existing legal scholarship and using an underexplored ecofeminist perspective. Inspired by the work “A relational feminist approach to conflict of laws” by Roxana Banu (2017), the paper argues for a relational understanding of the concept of “event” and goes further to consider in an ecofeminist perspective the environment as composed of human, non-human beings and natural objects, and of their relations with each other. The article is meant to be a starting point for further research, which for the first time applies ecofeminist theories to private international law. (shrink)

This article sketches ways in which business ethics should contribute to addressing the climate emergency. I consider some ways in which normative contributions to the debate on climate change and global warming have been defended, and how international thinking about environmental issues has moved from consequentialist to justice- and rights-based thinking. A recent case that came before the Hague District Court between a Dutch branch of Friends of the Earth, Milieudefensie, and Royal Dutch Shell (Milieudefensie v. Royal Dutch (...) Shell), serves as an illustration of how human rights have taken centre stage in climate change litigation – and how business ethics has entered the courtroom. I use this case also to show where the contributions of our field lie: to think about consequences and principles, to include various stakeholders in our evaluations, and to conceptualize the responsibilities of business and politics. (shrink)

Evidence of observed negative impacts on natural and human systems from anthropogenic climate change is increasing. However, human systems in particular are dynamic and influenced by multiple drivers and hence identifying an anthropogenic climate signal is challenging. Here we analyze the case of lake Palcacocha in the Andes of Peru, which offers a representative model for other glacier lakes and related risks around the world because it features a dynamic evolution of flood risk driven by physical and socioeconomic (...) factors and processes. Furthermore, it is the object of a prominent climate litigation case, wherein a local Peruvian citizen sued a large German energy producer over risk of flooding from lake Palcacocha. Adopting a conceptual model of cascading impacts and multiple drivers of risk, we first study climatic and other geophysical drivers of flood risk. We find that an anthropogenic signal from flood risk to greenhouse gas emissions is traceable. In parallel, flood risk has been strongly shaped (and increased) by interacting socioeconomic, institutional and cultural processes over the past few decades. The case raises important questions about the differentiation of responsibilities relating to flood risk of both global and local agents, which are, however, difficult to address in cases like Palcacocha, where we reveal a complex network of interlinked global, national and local drivers. Following from this, we outline a normative framework with a differentiated perspective on responsibility, implying that global emitters commit to support strengthening capacities in affected regions and localities and that local institutions and societies engage in local risk reduction measures and policies in collaboration with and driven by local communities. (shrink)

Representing unborn generations to more suitably include future interests in today's climate policymaking has sparked much interest in recent years. In this review we survey the main proposed instruments to achieve this effect, some of which have been attempted in polities such as Israel, Philippines, Wales, Finland, and Chile. We first review recent normative work on the idea of representing future people in climate governance: The grounds on which it has been advocated, and the main difficulties that traditional (...) forms of representation have encountered when applied to this particular case. We then survey existing institutional means to represent generations to come. We separate out representation in courts, in parliament, and by independent bodies, and review specific instruments including climate litigation, parliamentary commissions, future representatives, youth quotas, and independent offices for future generations. We examine the particular forms whereby each of these may suitably represent future people, including audience representation, surrogate representation, and indicative representation, and discuss the main challenges they encounter in so doing. (shrink)

Although significant literature and jurisprudence has amassed on rights-based climate litigation over recent years, less research and case law has emerged on poverty-related court cases and the fulfilment of economic, social, and cultural rights (ESCR) in Canada. Fewer still are studies exploring the interlinkages between these areas of inquiry. The purpose of this paper is to explore, using Canada as a case study, rights-based developments in climate litigation cases and how these could impact the innovative advancement (...) of ESCR (e.g. to food, housing and water). Typically, issues of justiciability and standing emerge, impeding the realization of such rights. Given the grave threats we now face, climate cases and social movements must be brought together to better hold state actors accountable for their rights obligations. We implore the legal community to explore ways to traverse juridical obstacles to realize the interdependencies of human rights and protect the planet from calamitous climate change. (shrink)

This article justifies and restates the non-identity problem in relation to climate change. First and briefly, I argue that while there is often good reason to set the NIP aside in practical politics, there can be areas where a climate NIP will have practical implications. An instructive example concerns climate change litigation. Second, I argue that there are three particular circumstances of a climate NIP that may set it apart from the more established NIP in (...) bioethics. These differences regard interaction, numbers, and agency respectively. Third, I discuss the premises and conclusion of a climate NIP, modifying an account in bioethics by David Boonin. (shrink)

Climate litigation presents specific challenges to judicial decision-making, related to uncertainties caused by the border-crossing nature of the applicable legal frameworks and the complexity of the climate system. Judiciaries around the world often turn to process-based review when dealing with such uncertainties. In process-based review, judges focus on ensuring that decision-making procedures are fair and inclusive of all relevant interests, instead of on substantive policy choices. However, in the case of climate litigation, it appears that (...) where judges wish to use process-based review to avoid substantive judgments in the face of uncertainty, they cannot escape uncertainty about who to include and exclude from the processes. We argue that judges engaged in process-based review must develop an ethic of responsibility for those who are excluded from the democratic process by judicial decision. This ethic of responsibility focuses on the moment before and after the judicial decision, calling the judge's attention to her responsibility to become receptive to the ‘face of the other’ and to reflect on the ‘moral remainders’ caused by her decision. While the decision on exclusion remains based on uncertain grounds, this approach helps ensure it is taken responsibly. (shrink)

The goal has been to devise a strategy that protects as much as possible the rights and liberties of all agents, both users of fossil fuels and people whose livelihoods and territories are at risk if the anthropogenic global warming hypothesis is true. To achieve this goal the standard climate policy instruments, taxes and emissions trading, should be discontinued. There are weaknesses in the theoretical perspectives used to justify these policy instruments and climate science cannot provide the knowledge (...) that would be needed to justify their implementation. In their place I propose a privatised policy, based on Austrian and libertarian frameworks of thought, which share an interpretation of climate change as a putative interpersonal conflict rather than market failure. The use of fossil fuels, like any other economic activity, should be subject to side-constraints designed to avoid the infringement of other people’s property rights. Tort litigation on the basis of strict liability would protect these rights, insofar as they need protecting. By providing a public arena for the competitive testing of scientific hypotheses concerning climate change, such litigation would also promote the public understanding and even the advancement of climate science. (shrink)

Joshua Parker has made many interesting points, and we welcome the opportunity to develop the ideas of ‘Too Much Medicine, Not Enough Trust’. We will address: (i) the asymmetry between the trust that patients extend to doctors, and the trust that doctors extend to patients; (ii) our reasons for doubting that litigation or complaints reflect a betrayal of the patient–doctor relationship and (iii) the importance of institutional trust, both for the doctor and the patient.

La emergencia climática impacta en el derecho humano a la salud, por lo que los Estados y la comunidad internacional deben tomar medidas concertadas y urgentes para enfrentar esta problemática. Este informe tiene como objetivo brindar herramientas desde un enfoque centrado en la relación entre el clima y la salud para abordar algunas de las preguntas sobre las obligaciones de los Estados incluidas en la Opinión Consultiva sobre Emergencia Climática y Derechos Humanos presentada por Colombia y Chile ante la Corte (...) Interamericana de Derechos Humanos. En este contexto, la adaptación de los sistemas de salud emerge como una prioridad para enfrentar los desafíos de la emergencia climática, especialmente para los grupos vulnerables, como mujeres, niños, personas mayores, personas con discapacidad y pueblos indígenas. Se describen facilitadores para una transición justa hacia una sociedad resiliente al cambio climático, incluyendo diversas formas de justicia (reconocimiento, procedimental, distributiva, intergeneracional y epistémica). Así como también, el deber de los Estados de investigar y establecer prioridades de investigación como garantía del derecho a la salud. Se aborda la brecha epistémica en el acceso al conocimiento científico y se enfatiza la importancia de la justicia epistémica para superar desigualdades en el acceso y la utilización del conocimiento. Palabras claves: derechos humanos, salud, cambio climático. (shrink)

Vi står overfor en planetær miljø- og klimakrise, med alvorlige, gjennomgripende, langvarige og irreversible konsekvenser for både menneske og natur. Det skyldes særlig at politiske, rettslige og økonomiske systemer som har vokst frem i løpet av de siste 250 år – slik som det liberale demokratiet og den globale kapitalismen – behandler naturen antroposentrisk, materialistisk og instrumentelt. For bedre å håndtere dagens miljø- og klimakrise, bør disse utdaterte systemene reformeres ut fra tanken om et økologisk demokrati, herunder en grønn konstitusjonalisme (...) og naturens moralske trumf. Norges første klimasøksmål illustrerer viktigheten av en slik systemisk grønning. Rettsaken fant sted i 2017 og kom opp igjen for rettsapparatet i 2019, hvor staten hevdes å bryte miljøparagrafen i sin egen grunnlov. Søksmålets grønning innebærer en positiv rettsliggjøring, hvis natursynet i Grunnlovens miljøparagraf forstås økosentrisk fremfor antroposentrisk. Da styrker klimasøksmålet økologiske medborgeres konstitusjonelle rettssikkerhet og demokratiske deltagelseslikhet. Viktigst er imidlertid at planetens eksistensielle tålegrense og naturens moralske trumf anerkjennes. Nøkkelord: Miljøkrise, klimasøksmål, økologisk demokrati, økologisk medborgerskap, grønn konstitusjonalisme, naturens moralske trumf, positiv rettsliggjøring English Summary: Ecological democracy and the inherent value of nature: Climate litigation in the age of the environmental crisis We are facing a planetary environmental and climate crisis, with severe, pervasive, long-lasting, and irreversible impacts for both humans and nature. This is due to political, legal, and economic systems having emerged during the last 250 years – especially liberal democracy and global capitalism – treat nature anthropocentrically, materialistically, and instrumentally. To better handle today’s environmental and climate crisis, these outdated systems should be reformed in light of the idea of ecological democracy, hereunder green constitutionalism and nature’s moral trump. Norway’s first climate lawsuit illustrates the importance of such a systemic greening. This trial took place in 2017 and reappeared for the court in 2019, in which the state is accused for having broken the environmental paragraph in its own constitution. This lawsuit’s greening implies a positive juridification, if the perception of nature in the Constitution’s environmental paragraph is ecocentric rather than anthropocentric. Then, the climate lawsuit strengthens ecological co-citizens’ constitutionally rule of law and democratic participation equality. Most importantly, it recognizes the planet’s existential limits and nature’s moral trump. Keywords: Environmental crisis, climate lawsuit, ecological democracy, ecological citizenship, green constitutionalism, nature’s moral trump, positive legalization. (shrink)

We attribute knowledge to institutions on a daily basis, saying things like "the government knew about the threat" or "the university did not act upon the knowledge it had about the harassment". Institutions can also attribute knowledge to themselves, like when Maybank Global Banking claims that it offers its customers "deep expertise and vast knowledge" of the Southeast Asia region, or when the United States Geological Survey states that it understands complex natural science phenomena like the probability of earthquakes occurring (...) along a given fault line. This article aims to discover when we can correctly attribute knowledge to an institution. I find this an interesting question, especially because when something does go wrong, all too often the official line of response from institutions is that they were unaware of the situation: in other words, they did not have enough information at their disposal. I will argue that institutions have fewer excuses for being ignorant than individuals do, and that many admissions of institutional knowledge are too modest. I begin by discussing a real-life example of the latter, before turning my attention to the usually fragmented nature of institutional knowledge. I also discuss the robustness of this knowledge, offering a distinction between two types of institutional knowledge. I then discuss knowledge parameters and why institutions have fewer excuses for not knowing about something than individuals do. I round off the chapter by examining institutional knowledge on climate change. (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)

To commemorate 40 years since the founding of the Journal of Business Ethics, the editors in chief of the journal have invited the editors to provide commentaries on the future of business ethics. This essay comprises a selection of commentaries aimed at creating dialogue around the theme Ethics at the centre of global and local challenges. For much of the history of the Journal of Business Ethics, ethics was seen within the academy as a peripheral aspect of business. However, in (...) recent years, the stakes have risen dramatically, with global and local worlds destabilized by financial crisis, climate change, internet technologies and artificial intelligence, and global health crises. The authors of these commentaries address these grand challenges by placing business ethics at their centre. What if all grand challenges were framed as grand ethical challenges? Tanusree Jain, Arno Kourula and Suhaib Riaz posit that an ethical lens allows for a humble response, in which those with greater capacity take greater responsibility but remain inclusive and cognizant of different voices and experiences. Focussing on business ethics in connection to the grand challenge of environmental emergencies, Steffen Böhm introduces the deceptively simple yet radical position that business is nature, and nature is business. His quick but profound side-step from arguments against human–nature dualism to an ontological undoing of the business–nature dichotomy should have all business ethics scholars rethinking their “business and society” assumptions. Also, singularly concerned with the climate emergency, Boudewijn de Bruin posits a scenario where, 40 years from now, our field will be evaluated by its ability to have helped humanity emerge from this emergency. He contends that Milieudefensie v. Royal Dutch Shell illustrates how human rights take centre stage in climate change litigation, and how business ethics enters the courtroom. From a consumer ethics perspective, Deirdre Shaw, Michal Carrington and Louise Hassan argue that ecologically sustainable and socially just marketplace systems demand cultural change, a reconsideration of future interpretations of “consumer society”, a challenge to the dominant “growth logic” and stimulation of alternative ways to address our consumption needs. Still concerned with global issues, but turning attention to social inequalities, Nelarine Cornelius links the capability approach to global and corporate governance, arguing that CA will continue to lie at the foundation of human development policy, and, increasingly, CSR and corporate governance. Continuing debate on the grand challenges associated with justice and equality, Laurence Romani identifies a significant shift in the centrality of business ethics in debates on managing differences, positing that dialogue between diversity management and international management can ground future debate in business ethics. Finally, the essay concludes with a commentary by Charlotte Karam and Michelle Greenwood on the possibilities of feminist-inspired theories, methods, and positionality for many spheres of business ethics, not least stakeholder theory, to broaden and deepen its capacity for nuance, responsiveness, and transformation. In the words of our commentators, grand challenges must be addressed urgently, and the Journal of Business Ethics should be at the forefront of tackling them. (shrink)

In today's world, the corporate image of the largest companies is closely linked to their performance in the field of corporate social responsibility and the disclosure of information on that topic, specifically, on climate change. Since the Board of Directors is the body responsible for this process, the aim of this article is to show the role that companies' Boards of Directors play in the accountability process vis-à-vis stakeholders in relation to one specific aspect which has enormous significance in (...) environmental information: practices used to monitor greenhouse gas emissions. In order to achieve this, we shall verify certain business characteristics, in addition to the size and activity of the Board of Directors, and we shall take different dependence models into consideration. These models will include variables related to the level of independence and diversity of the Board of Directors, which interact with dummy variables representing the company's litigation risks regarding environmental behavior and the institutional macro-context of the organization's country of origin. The results make it clear that Boards of Directors are basically focused on the traditional responsibility of creating economic value, instead of dealing with today's broader business world concepts, which include social responsibility. This focus, therefore, does not favor the accountability process before other stakeholders, if this makes it more difficult to protect the interests of shareholders. (shrink)

"Gagarin demonstrates persuasively that Antiphon the logographer is identical with the Antiphon who made intellectual contributions on more abstract topics." —Mervin R. Dilts, Professor of Classics, New York University Antiphon was a fifth-century Athenian intellectual (ca. 480-411 BCE) who created the profession of speechwriting while serving as an influential and highly sought-out adviser to litigants in the Athenian courts. Three of his speeches are preserved, together with three sets of Tetralogies (four hypothetical paired speeches), whose authenticity is sometimes doubted. Fragments (...) also survive of intellectual treatises on subjects including justice, law, and nature (physis), which are often attributed to a separate Antiphon the Sophist. Were these two Antiphons really one and the same individual, endowed with a wide-ranging mind ready to tackle most of the diverse intellectual interests of his day? Through an analysis of all these writings, this book convincingly argues that they were composed by a single individual, Antiphon the Athenian. Michael Gagarin sets close readings of individual works within a wider discussion of the fifth-century Athenian intellectual climate and the philosophical ferment known as the sophistic movement. This enables him to demonstrate the overall coherence of Antiphon's interests and writings and to show how he was a pivotal figure between the sophists and the Attic orators of the fourth century. In addition, Gagarin's argument allows us to reassess the work of the sophists as a whole, so that they can now be seen as primarily interested in logos (speech, argument) and as precursors of fourth-century rhetoric, rather than in their usual role as foils for Plato. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 11.2 (2001) 115-116 [Access article in PDF] The Ethics of Medical Mistakes: Historical, Legal, and Institutional Perspectives Introduction In late 1999, the Institute of Medicine (IOM) released its report on medical errors, To Err is Human: Building a Safer Health System. The report estimated almost 50,000 deaths per year nationally due to medical mistakes, making it a leading cause of death. IOM speculated that (...) more than half of the deaths related to medical error are preventable. The IOM report shocked the public and medical professionals alike, sparking a national discussion of how to make the health care system safer. This multifaceted issue has profound implications for all aspects of health care, from the very personal--e.g., the relationship of caregiver and patient--to the societal--e.g., a nation's responsibility to its citizens.On 15 May 2000, the University of Pittsburgh Medical Center hosted an ethics conference devoted to the topic of medical mistakes. The goal was to bring together experts from various disciplines, before an audience of both providers and patients, to discuss medical mistakes and their implications. In this issue of the Kennedy Institute of Ethics Journal, we present selected papers resulting from that conference. These papers reflect not only the original oral presentations, but also much of the discussion those presentations generated. Three key perspectives on the ethics of medical mistakes are offered: historical, legal, and institutional.Rosa Lynn Pinkus offers a revealing historical perspective on the ethics of medical mistakes. In analyzing the history of mistake reporting in neurosurgery, she shows how the notion of a mistake developed only as the notion of a standard of practice emerged. Although much of managed care is directed toward systematically fostering a standard of care, this pursuit is relatively new in health care. One might speculate that as more standards are created, mistakes--defined as deviations from standard practice--must increase. If deviation from standard practice is overly castigated, however, then needed innovation in practice may be stifled. Interestingly, as Pinkus discusses, medical malpractice suits quickly followed the emergence of practice standards, driving the initial open reporting of mistakes underground. [End Page 115]Taking up the issue of medical malpractice, Thomas May and Mark Aulisio consider the ramifications of the current malpractice system for mistake prevention. The current system, they argue, while failing to adequately achieve its purported goals of deterring medical mistakes and compensating victims, itself creates a climate that deters the open reporting of mistakes by engendering fear and shame in clinicians. According to May and Aulisio, this failure to report medical mistakes openly has serious ramifications. Chief among these is the inability to do root cause analysis of mistakes, and then, where possible, to implement safeguards to minimize the occurrence of future mistakes. Ultimately, both the prevention of medical mistakes and the goals of malpractice litigation itself will be better served if substantial malpractice reform is undertaken.Andy Thurman argues that even in the current climate institutions ought to have a policy (and practice) of admitting to and openly reporting medical mistakes. Thurman argues that doing so not only is the right thing to do, but is also in the interest of institutions. Interestingly, he contends that failing to admit and openly report mistakes is both at odds with the mission of health care institutions and puts them at higher risk of litigation, and liability. In light of this, Thurman then suggests an institutional process for handling medical mistakes.Michael DeVita concedes that disclosing mistakes is widely supported by the health professionals' principles of ethics, but argues that there are a number of factors that conspire to make doing so a very difficult task. In analyzing an index case, DeVita contends that platitudes about being honest are not nearly enough to foster honest behavior and that policies that offer specific guidance on handling unfavorable events are needed in health care institutions.Finally, we conclude with the policy on disclosure of unfavorable events (this terminology is chosen because it includes both iatrogenic and natural diseases and conditions) that resulted from... (shrink)

This article explores the context within which abortion law and discourse in Northern Ireland must be situated and understood, relying in part on post-modern insights into the wider and long-term implications of feminists engaging law and by examining the strategies employed in Northern Ireland around the issue of abortion. In 2001,the Family Planning Association (Northern Ireland) took legal action to force the devolved government to defend at a procedural level the unequal and uncertain form of common law abortion regulation for (...) Northern Ireland. The authors examine the strategy of this review as well as the response of the High Court, suggesting that while it may begin to challenge the legitimacy of abortion law, feminists and pro-choice advocates must prepare for challenges beyond that, the greatest being the cultural challenge. The courts, legislators and other public and political institutions(including the Northern Ireland Human Rights Commission and the Northern Ireland Women's Coalition) consistently explain the law's lack of provision for women with reference to the `pro-life' majority views of Northern Irish people. The authors question the legitimacy of this claim in a cultural climate of intimidation against the expression of alternative views. Women will continue to be marginalised and devalued in this debate if the silencing of the pro-choice community and bodies responsible for protecting human rights is not redressed. A case is therefore made for a reconceptualisation of the abortion debate from the perspective of women's agency, which, alongside litigation and other strategies, is necessary to overcome the cultural censure that currently prevents meaningful dialogue. (shrink)

Climate change has become one of the most pressing problems that can threaten the existence and development of humans around the globe. Almost all climate scientists have agreed that climate change is happening and is caused mainly by greenhouse gas emissions induced by anthropogenic activities. However, some groups still deny this fact or do not believe that climate change results from human activities. This essay discusses the causes, significance, and skeptical arguments of climate change denialism, (...) as well as the roles of scientists and science communication in addressing the issues. Through this essay, we call for the active participation of scientists in science communication activities with the public, the opening of new science communication sectors specified for climate change, and more attention to social sciences and humanities in addressing climate change issues. (shrink)

The discourse on climate politics so far is an expert and elitist discourse in which peoples, societies, citizens, workers, voters and their interests, views and voices are very much neglected. So, in order to turn climate change politics from its head onto its feet you have to take sociology into account. There is an important background assumption which shares in the general ignorance concerning environmental issues and, paradoxically, this is in corporated in the specialism of environmental sociology itself (...) — this is the category of ‘the environment’. If ‘the environment’ only includes everything which is not human, not social, then the concept is sociologically empty. If the concept includes human action and society, then it is scientifically mistaken and politically suicidal. (shrink)

Climate change is reshaping patterns of displacement around the world. Extreme weather events destroy homes, environmental degradation threatens the viability of livelihoods, sea level rise and coastal erosion force communities to relocate, and risks to food and resource security magnify the sources of political instability. Climate displacement—the displacement of people driven at least in part by the impacts of climate change—is a pressing moral challenge that is incumbent upon us to address. -/- This book develops a political (...) theory of climate displacement. Most work on climate displacement has tended to take an idealized ‘climate refugee’ as its focus. But focusing on the figure of the climate refugee obscures the complexity and heterogeneity of climate displacement. Instead, this book takes the empirical dynamics of climate displacement as its starting point. It examines the moral and political problems raised by the interaction of climate change and displacement in five domains: community relocation, territorial sovereignty, labour migration, refugee movement, and internal displacement. In each context, climate displacement raises distinct questions, which this book explores on their own terms. At the same time, this book treats climate displacement as a unified phenomenon by examining the overarching questions of responsibility and fairness that it raises. The result is an empirically grounded political theory that both maps the conceptual terrain of climate displacement and charts a course for meeting the moral challenge that it raises. (shrink)

Climate change mitigation has become a paradigm case both for externalities in general and for the game-theoretic model of the Tragedy of the Commons (ToC) in particular. This situation is worrying, as we have reasons to suspect that some models in the social sciences are apt to be performative to the extent that they can become self-fulfilling prophecies. Framing climate change mitigation as a hardly solvable coordination problem may force us into a worse situation, by changing real-world behaviour (...) to fit our model, rather than the other way around. But while this problem of the performativity of the ToC has been noted in a recent paper in this journal by Matthew Kopec, his proposed strategies for dealing with their self-fulfilling nature fall short of providing an adequate solution. Instead of relying on the idea that modelling assumptions are always strictly speaking false, this paper shows that the problem may be better framed as a problem of underdetermination between competing explanations. Our goal here is to provide a framework for choosing between this set of competing models that allows us to avoid a ‘Russian Roulette’-like situation in which we gamble with existential risk. (shrink)

Climate has a strong influence on urban planning and also plays a fundamental role in soil composition affecting the character of plants and animals. The climate is a combination of different meteorological factors that characterized a specific region over a specific time. The movement of the Sun and Earth inclination toward it is the most important factors which determine the characteristics of the climate. The global movement of the air from equator toward poles and vice versa influences (...) also drastically the climate change. In this section are also included breezes. Also air relative humidity plays an important role shaping the climate. It plays a very important role in cloud formation. The built environment can influence the urban climate of the city through height, form, and applied building materials. Building form and shape, building materials, openings in the façade, and their orientation often are determined by climate parameters. Urban density, directions, and street network and their shape are related to the climate change, apart from topography. Density of urban structures produces important effects on the microclimatic conditions in external spaces. The bioclimatic behavior of each type of outdoor spaces depends on the relationship with its surrounding elements. The city of Tirana is included in Mediterranean climate characterized by hot dry summers and mild cold wet winters with high daily thermal excursions. All of the countries bordering the Mediterranean Sea benefit from the Mediterranean climate. Specifically spotted, Tirana is part of Mediterranean coastal zone (<22 °C in temperature) with an annual temperature of 15.3 °C. In the inner city can be found areas with high pollution, which normally contain a high percentage of business and industry, settlements, and traffic, so-called “sealed” areas. They constitute “hyperthermic areas” or “heat islands”. The term “heat island” describes built-up areas which are hotter than nearby rural areas. Heat islands can affect communities by increasing summertime peak energy demand, air-conditioning costs, air pollution, greenhouse gas emissions, heat-related illness and mortality, and water quality. The aim of the bioclimatic design is also the reduction of the heat-island phenomenon. The use of materials with different energy absorption capabilities and integration of green spaces into urban life is important. The vegetation effects on microclimate and in the built environment are present. Trees are necessary and indispensable to human life. They provide shelter for us, provide food, and their fibers cloth us. Implementation of the green belts in the city is one of the strategies in order to reduce heat-island effect. Vegetation also can provide a deep feeling of attachment to certain places and trees which are part of it. The use of trees avoids monotony and ensures diversification. They play a crucial role creating microclimates which influence the thermal comfort of people reducing heating or cooling loads. Vegetation also creates cooler microclimates around the building through evapotranspiration, reduces wind speed, regulates humidity, and reduces temperature. It is observed that tree species have a greater influence on humidity than on temperature. Trees can also absorb and reduce the reverberation time of the sound, behaving as sound buffers. The benefits of tree plantation in the inner city are enormous and they can’t be neglected. (shrink)

Accelerating global climate change drives new climate risks. People around the world are researching, designing, and implementing strategies to manage these risks. Identifying and implementing sound climate risk management strategies poses nontrivial challenges including (a) linking the required disciplines, (b) identifying relevant values and objectives, (c) identifying and quantifying important uncertainties, (d) resolving interactions between decision levers and the system dynamics, (e) quantifying the trade-offs between diverse values under deep and dynamic uncertainties, (f) communicating to inform decisions, (...) and (g) learning from the decision-making needs to inform research design. Here we review these challenges and avenues to overcome them. ▪ People and institutions are confronted with emerging and dynamic climate risks. ▪ Stakeholder values are central to defining the decision problem. ▪ Mission-oriented basic research helps to improve the design of climate risk management strategies. (shrink)

The aim of the present study was to investigate the association between work-related moral stress, moral climate and moral sensitivity in mental health nursing. By means of the three scales Hospital Ethical Climate Survey, Moral Sensitivity Questionnaire and Work-Related Moral Stress, 49 participants’ experiences were assessed. The results of linear regression analysis indicated that moral stress was determined to a degree by the work place’s moral climate as well as by two aspects of the mental health staff’s (...) moral sensitivity. The nurses’ experience of ‘moral burden’ or ‘moral support’ increased or decreased their experience of moral stress. Their work-related moral stress was determined by the job-associated moral climate and two aspects of moral sensitivity. Our findings showed an association between three concepts: moral sensitivity, moral climate and moral stress. Despite being a small study, the findings seem relevant for future research leading to theory development and conceptual clarity. We suggest that more attention be given to methodological issues and developing designs that allow for comparative research in other disciplines, as well as in-depth knowledge of moral agency. Copyright © 2011 by SAGE Publications. (shrink)

Racial Climates, Ecological Indifference offers a powerful intervention to the field of climate justice scholarship by addressing a neglected aspect of the field of climate justice, namely systemic racisms. Building on the work of Black feminist theorists, the work develops an ecointersectional approach designed to reveal the depth and complexities of racial climates overlooked even in the environmental justice literature. The book’s conception of ecological indifference underscores the disposition of seeing the environment as a resource for human consumption (...) and enjoyment, a resource that is usable, fungible, disposable, and without intrinsic worth or standing. The many examples in the book offer new insights demonstrating that systemic racisms emerge out of and give rise to environmental degradation; that is, they are often mutually constitutive. The ecointersectional analyses provided throughout the book reveal that ecological indifference and climate injustice are two sides of the same coin. Three distinctive but interrelated domains in which the intersections between systemic racisms and ecological indifference are manifest are identified: (1) differential distribution of harms/benefits due to systemic racisms, (2) racist institutions and practices fueling or causing environmental degradation, and (3) the basic social structures that generate environmental degradation being the same ones that generate systemic oppression of certain groups of people. One of the aims of Racial Climates, Ecological Indifference is to underscore that any effort to protect the environment must also be a fight against systemic racisms and other forms of systemic inequity. (shrink)

Esteemed philosopher John Broome avoids the familiar ideological stances on climate change policy and examines the issue through an invigorating new lens. As he considers the moral dimensions of climate change, he reasons clearly through what universal standards of goodness and justice require of us, both as citizens and as governments. His conclusions—some as demanding as they are logical—will challenge and enlighten. Eco-conscious readers may be surprised to hear they have a duty to offset all their carbon emissions, (...) while policy makers will grapple with Broome’s analysis of what if anything is owed to future generations. From the science of greenhouse gases to the intricate logic of cap and trade, Broome reveals how the principles that underlie everyday decision making also provide simple and effective ideas for confronting climate change. Climate Matters is an essential contribution to one of the paramount issues of our time. (shrink)

Part 1. Introduction -- Introduction: Navigating the Perfect Moral Storm in Light of a Thirty-Five Year Debate -- Thirty-Five Year Climate Change Policy Debate -- Part 2. Priority Ethical Issues -- Ethical Problems with Cost Arguments -- Ethics and Scientific Uncertainty Arguments -- Atmospheric Targets -- Allocating National Emissions Targets -- Climate Change Damages and Adaptation Costs -- Obligations of Sub-national Governments, Organizations, Businesses, and Individuals -- Independent Responsibility to Act -- Part 3. The Crucial Role of Ethics (...) in Climate Change Policy Making -- Why Has Ethics Failed to Achieve Traction? -- Conclusion: Navigating the Perfect Moral Storm. (shrink)

The devastating impact of the national opioid epidemic has given rise to hundreds of lawsuits. This article details the extremely broad range of legal claims, compares the opioid cases to other public health litigation efforts, including tobacco, and describes the special mechanism — a multidistrict litigation — through which more than 700 opioid-related cases have been consolidated thus far, with settlement almost certain to follow.

Climate change poses grave threats to many people, including the most vulnerable. This prompts the question of who should bear the burden of combating ?dangerous? climate change. Many appeal to the Polluter Pays Principle. I argue that it should play an important role in any adequate analysis of the responsibility to combat climate change, but suggest that it suffers from three limitations and that it needs to be revised. I then consider the Ability to Pay Principle and (...) consider four objections to this principle. I suggest that, when suitably modified, it can supplement the Polluter Pays Principle. (shrink)

An ongoing debate among legal scholars and public health advocates is the role of litigation in shaping public policy. For the most part, the debate has been waged at a conceptual level, with opponents and proponents arguing within fairly well-defined boundaries. The debate has been based either on speculation of what litigation could achieve or on ideological grounds as to why litigation should or should not be used this way. With the exception of Rosenberg's study of how (...) litigation shaped policy in civil rights, abortion, and environmental matters, there is almost no empirical support for either position.In recent years, the most ardent proponents of litigation as public policy have been public health advocates. Perhaps out of frustration with the inability to achieve desired public health goals through the legislative branch of government, public health advocates have pursued litigation as an alternative strategy. Beginning with tobacco class action litigation in the early 1990s and continuing with litigation against gun manufacturers at the end of that decade, public health advocates have waged a veritable litigation assault aimed at changing how public health policy is formed. (shrink)

An ongoing debate among legal scholars and public health advocates is the role of litigation in shaping public policy. For the most part, the debate has been waged at a conceptual level, with opponents and proponents arguing within fairly well-defined boundaries. The debate has been based either on speculation of what litigation could achieve or on ideological grounds as to why litigation should or should not be used this way. With the exception of Rosenberg's study of how (...) litigation shaped policy in civil rights, abortion, and environmental matters, there is almost no empirical support for either position.In recent years, the most ardent proponents of litigation as public policy have been public health advocates. Perhaps out of frustration with the inability to achieve desired public health goals through the legislative branch of government, public health advocates have pursued litigation as an alternative strategy. Beginning with tobacco class action litigation in the early 1990s and continuing with litigation against gun manufacturers at the end of that decade, public health advocates have waged a veritable litigation assault aimed at changing how public health policy is formed. (shrink)

Much of the climate justice discussion revolves around how the remaining carbon budget should be globally allocated. Some authors defend the unjust enrichment interpretation of the beneficiary pays principle (BPP). According to this principle, those states unjustly enriched from historical emissions should pay. I argue that if the BPP is to be constructed along the lines of the unjust enrichment doctrine, countervailing reasons that might be able to block the existence of a duty of restitution should be assessed. One (...) might think that the duty to provide restitution no longer has moral weight if many benefits were already consumed, if the particular benefits obtained from historical emissions cannot be transferred from one country to another, or if present members of developed countries framed their life plans based upon the expectation of continued possession of those benefits. I show that none of these reasons negate the duty to provide restitution. (shrink)

Courts, Litigants, and the Digital Age examines the ramifications of technology for courts, judges, and the administration of justice. It sets out the issues raised by technology, and, particularly, the Internet, so that conventional paradigms can be updated in the judicial context. In particular, the book dwells on issues such as proper judicial use of Internet sources, judicial ethics and social networking, electronic court records and anonymization techniques, control of the courtroom and jurors' use of new technologies, as well as (...) the Internet's impact on judicial appointments and the diversity of the judiciary. The second edition includes discussion of current issues in this rapidly developing area, such as privacy protection, the "right to be forgotten," cyber intimidation, freedom of digital speech, and litigant anonymity. Through examination of relevant practical, legal, and ethical issues, it endeavours to extract lessons from the developing issues surveyed and proposes forward-thinking approaches based on proportionality principles. (shrink)

Many agents have failed to comply with their responsibilities to take the action needed to avoid dangerous anthropogenic climate change. This pervasive noncompliance raises two questions of nonideal political theory. First, it raises the question of what agents should do when others do not discharge their climate responsibilities. (the Responsibility Question) In this paper I put forward four principles that we need to employ to answer the Responsibility Question (Sections II-V). I then illustrate my account, by outlining four (...) kinds of action that should be undertaken (Section VI). Pervasive noncompliance also raises a second question: Given the lack of progress in combating climate change, should existing governance structures be maintained or changed (and if they should be changed, in what ways)? (the Governance Question). The paper briefly outlines a methodology for addressing this question and outlines what a nonideal response to the existing institutional structures would be (Section VII). It does so with reference to the Paris Agreement, and in particular the creation of a "global stocktake" (Article 14, Paris Agreement) and the "facilitative dialogue" (paragraph 20 of the ‘Adoption of the Paris Agreement’). The aim, then, is to set out an account of a nonideal theory of climate justice. (shrink)

This paper examines whether corporate environmental responsibility is influenced by regional differences in climate change denial. While there is an overwhelming consensus among scientists that climate change is happening, recent surveys still indicate widespread climate change denial across societies. Given that corporate activity causing climate change is fundamentally rooted in individual beliefs and societal institutions, we examine whether local perceptions about climate change matter for firms’ engagement in environmental responsibility. We use climate change perception (...) surveys conducted in the U.S. to compute a novel measure of climate change denial for each U.S. county. We find that firms located in counties with higher levels of climate change denial have weaker environmental performance ratings, are more likely to commit environmental violations, and impose greater environmental costs on society. Regional differences in religiosity, social capital, political leaning, or county-level demographic characteristics cannot explain these results. Furthermore, we document that strong corporate governance mechanisms and corporate culture moderate the negative relationship between climate change denial and corporate environmental responsibility. Overall, our findings offer new insights into how local beliefs and perceptions about climate change may influence firm-level sustainability practices. (shrink)

Background:Healthcare organizations are now challenged to retain nurses’ generation and understand why they are leaving their nursing career prematurely. Acquiring knowledge about the effect of ethical work climate and level of perceived organizational support can help organizational leaders to deal effectively with dysfunctional behaviors and make a difference in enhancing nurses’ dedication, commitment, satisfaction, and loyalty to their organization.Purpose:This study aims to determine the relationship between ethical work climate, and perceived organizational support and nurses’ organizational commitment, job satisfaction, (...) and turnover intention.Methods:A descriptive correlational research design was conducted in all inpatient care units at three major hospitals affiliated to different health sectors at Alexandria governorate. All nurses working in these previous hospitals were included in the study (N = 500). Ethical Climate Questionnaire, Survey of Perceived Organizational Support, Organizational Commitment Questionnaire, Index of Job Satisfaction, and Intention to Turnover scale were used to measure study variables.Ethical considerations:Approval was obtained from Ethics Committee at Faculty of Nursing, Alexandria University. Privacy and confidentiality of data were maintained and assured by obtaining subjects’ informed consent to participate in the research before data collection.Findings:The result revealed positive significant correlations between nurses’ perception of overall ethical work climate and each of perceived organizational support, commitment, as well as their job satisfaction. However, negative significant correlations were found between nurses’ turnover intention and each of these variables. Also, approximately 33% of the explained variance of turnover intention is accounted by ethical work climate, organizational support, organizational commitment, and job satisfaction, and these variables independently contributed significantly in the prediction of turnover intention.Recommendation:Strategies to foster and enhance ethical and supportive work climates as well as job-related benefits are considered significant factors in increasing nurses’ commitment and satisfaction and decreasing their turnover intention. (shrink)

This essay examines the relationship between climate change and human rights. It argues that climate change is unjust, in part, because it jeopardizes several core rights – including the right to life, the right to food and the right to health. It then argues that adopting a human rights framework has six implications for climate policies. To give some examples, it argues that this helps us to understand the concept of “dangerous anthropogenic interference” (UNFCCC, Article 2). In (...) addition to this, it argues that if we adopt a human rights framework then any climate policies should also honour human rights, and so mitigation policies, for example, should not compromise people’s enjoyment of their human rights. A third implication, I argue, is that in addition to duties of mitigation and adaptation there will also be – if rights are violated – duties of compensation too. (shrink)

This paper examines the lawsuits brought by state and local government entities against prescription opioid producers and sellers. It examines their potential liability as well as some of the defenses they might raise. The paper also discusses multidistrict litigation and government lawsuits in state court. It concludes that litigation is not the best solution to the opioid crisis.

Anthropogenic climate change is a global process affecting the lives and well-being of millions of people now and countless number of people in the future. For humans, the consequences may include significant threats to food security globally and regionally, increased risks of from food-borne and water-borne as well as vector-borne diseases, increased displacement of people due migrations, increased risks of violent conflicts, slowed economic growth and poverty eradication, and the creation of new poverty traps. Principles of justice are statements (...) of what persons are owed either by others or by institutions and policies. Climate change gives rise to many concern of justice. This article briefly summarizes some of the most important of these, including claims to have climate change mitigated, claims regarding the sharing of the costs of climate change mitigation, claims for investment into adaptation, and claims to be compensated. (shrink)

Several philosophers claim that the greenhouse gas emissions from actions like a Sunday drive are so miniscule that they will make no difference whatsoever with regard to anthropogenic global climate change (AGCC) and its expected harms. This paper argues that this claim of individual causal inefficacy is false. First, if AGCC is not reducible at least in part to ordinary actions, then the cause would have to be a metaphysically odd emergent entity. Second, a plausible (dis-)utility calculation reveals that (...) such actions have a not-insignificant amount of expected harm. One upshot is that the near-exclusive focus in the literature on AGCC as a collective action problem is too restricted. The paper also provides several moral psychological explanations of why it is so difficult to comprehend individual responsibility with regard to global phenomena, including a reappraisal of Thomas Nagel’s view of the absurd. (shrink)

Climate change and justice are so closely associated that many people take it for granted that a global climate treaty should--indeed, must--directly address both issues together. But, in fact, this would be a serious mistake, one that, by dooming effective international limits on greenhouse gases, would actually make the world's poor and developing nations far worse off. This is the provocative and original argument of Climate Change Justice. Eric Posner and David Weisbach strongly favor both a (...) class='Hi'>climate change agreement and efforts to improve economic justice. But they make a powerful case that the best--and possibly only--way to get an effective climate treaty is to exclude measures designed to redistribute wealth or address historical wrongs against underdeveloped countries. In clear language, Climate Change Justice proposes four basic principles for designing the only kind of climate treaty that will work--a forward-looking agreement that requires every country to make greenhouse--gas reductions but still makes every country better off in its own view. This kind of treaty has the best chance of actually controlling climate change and improving the welfare of people around the world. (shrink)

In an ongoing class action suit against large tobacco companies, including Philip Morris, Inc., and R.J. Reynolds Tobacco Co., Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York issued an opinion on October 15, 2002 making statistical proof available to address plaintiffs’ common questions and prove required elements of consumer fraud.The dilemmas inherent in tobacco litigation as a mass tort action include overcoming the collective action problem, mobilizing appropriate and persuasive legal theories (...) for recovery, and meeting the standards of proof, all in a timely and cost-effective manner. While some tobacco cases have proceeded on products liability theories of defective or negligent design, many recent cases are grounded in consumer fraud laws. (shrink)

In an ongoing class action suit against large tobacco companies, including Philip Morris, Inc., and R.J. Reynolds Tobacco Co., Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York issued an opinion on October 15, 2002 making statistical proof available to address plaintiffs’ common questions and prove required elements of consumer fraud.The dilemmas inherent in tobacco litigation as a mass tort action include overcoming the collective action problem, mobilizing appropriate and persuasive legal theories (...) for recovery, and meeting the standards of proof, all in a timely and cost-effective manner. While some tobacco cases have proceeded on products liability theories of defective or negligent design, many recent cases are grounded in consumer fraud laws. (shrink)

Climate Change and the Moral Agent examines the moral foundations of climate change and makes a case for collective action on climate change by appealing to moralized collective self-interest, collective ability to aid, and an expanded understanding of collective responsibility for harm.

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism (...) in the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

Over the past twenty-five years, thirty-seven states and the US Congress have passed mental health and substance use disorder (MH/SUD) parity laws to secure nondiscriminatory insurance coverage for MH/SUD services in the private health insurance market and through certain public insurance programs. However, in the intervening years, litigation has been brought by numerous parties alleging violations of insurance parity. We examine the critical issues underlying these legal challenges as a framework for understanding the areas in which parity enforcement is (...) lacking, as well as ongoing areas of ambiguity in the interpretation of these laws. We identified all private litigation involving federal and state parity laws and extracted themes from a final sample of thirty-seven lawsuits. The primary substantive topics at issue include the scope of services guaranteed by parity laws, coverage of certain habilitative therapies such as applied behavioral analysis for autism spectrum disorders, credentialing standards for MH/SUD providers, determinations regarding the medical necessity of MH/SUD services, and the application of nonquantitative treatment limitations under the 2008 federal parity law. Ongoing efforts to achieve nondiscriminatory insurance coverage for MH/SUDs should attend to the major issues subject to private legal action as important areas for facilitating and monitoring insurer compliance. (shrink)

This article analyzes some recent developments in the system of public law in the Russian Federation, focusing in particular on changing patterns of litigation and increases in use of administrative law, linked to new acts of legislation. It argues that discussion of the Russian case provides a sociological perspective in which we can understand the importance of legal actions in hybrid polities. It explains that litigation in Russia, even where it may have counter-systemic outcomes, is partly incentivized by (...) the government, as promotion of access to law is seen as a means to formalize interactions between citizens and government and so to extend the societal penetration of the political system more generally. Litigation thus forms a mode of practice that, dialectically, possesses both inner- and counter-systemic status. In addition, the article argues that the case of Russia allows us to comprehend litigation as an element in processes of nation building and social integration more widely, and Russia illuminates the systemic significance of litigation in other societies. (shrink)