Rethinking environmental law : why environmental laws should conform to the laws of nature / Jan G. Laitos (Joe T. Juhan Endowed Professorship in Property Rights and Policy and Professor of Law, Sturm College of Law, University of Denver, US).
2021
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Author
Title
Rethinking environmental law : why environmental laws should conform to the laws of nature / Jan G. Laitos (Joe T. Juhan Endowed Professorship in Property Rights and Policy and Professor of Law, Sturm College of Law, University of Denver, US).
Added Corporate Author
Imprint
Northampton : Edward Elgar Publishing, 2021.
Description
1 online resource (264 pages).
Series
Rethinking law.
Formatted Contents Note
Contents: Prologue
1. Introduction: Replacing the standard algorithm for environmental law Part I: Utilitarian science and a presumption of separation
2. Introduction to Part I
3. The standard model of nature and humans, and the historic presumption of separation
4. Environmental laws and the rule of separation Part II: Look at mother nature on the run
5. Introduction to Part II
6. The reckoning Part III: Explanatory science and a new presumption of entanglement
7. Introduction to Part III
8. A more realistic model of nature and humans, reflecting a presumption of entanglement
9. Environmental laws reflecting a presumption of entanglement
10. The paralysis paradox and the untapped role of explanatory science in solving "big" environmental problems Part IV: No need for more law, only different law
11. Introduction to Part IV
12. The laws of nature and the principle of universality
13. Environmental law and the universal laws of nature Part V: Symmetrical environmental protections: Reciprocal rights and duties conforming to nature's laws
14. Introduction to Part V
15. A positive legal right for the social-ecological system
16. A positive duty imposed on humans to ensure the survival of Earth's seas
Index.
1. Introduction: Replacing the standard algorithm for environmental law Part I: Utilitarian science and a presumption of separation
2. Introduction to Part I
3. The standard model of nature and humans, and the historic presumption of separation
4. Environmental laws and the rule of separation Part II: Look at mother nature on the run
5. Introduction to Part II
6. The reckoning Part III: Explanatory science and a new presumption of entanglement
7. Introduction to Part III
8. A more realistic model of nature and humans, reflecting a presumption of entanglement
9. Environmental laws reflecting a presumption of entanglement
10. The paralysis paradox and the untapped role of explanatory science in solving "big" environmental problems Part IV: No need for more law, only different law
11. Introduction to Part IV
12. The laws of nature and the principle of universality
13. Environmental law and the universal laws of nature Part V: Symmetrical environmental protections: Reciprocal rights and duties conforming to nature's laws
14. Introduction to Part V
15. A positive legal right for the social-ecological system
16. A positive duty imposed on humans to ensure the survival of Earth's seas
Index.
Summary
Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules, highlighting that established approaches to existential threats impacting our natural environment cannot be relied upon. Calling for a rethinking of how science is best used in environmental law, it explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed. Proposing a new algorithm for the formulation of workable environmental laws, Laitos explores the ways in which these should be linked to the laws of connection, simplicity, economy, and symmetry. This innovative book illustrates examples of this new class of laws, based not on regulations and rules, but on rights and duties. Rethinking Environmental Law will be an illuminating read for students and scholars of environmental law and policy. Suggesting an alternative role for science in developing environmental policy, it will also be of value to environmental policy makers.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on print record.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781788976039 (e-book)
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