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Author: Richard B. Stewart Publisher: MICHIE ISBN: 9780872155473 Category : Air Languages : en Pages : 240
Book Description
Introducing an exciting new approach to the teaching of environmental law:ENVIRONMENTAL, LAW AND POLICY, by Peter Menell & Richard Stewart. The authors' focus on policy & theory, rather than the minutia of environmental law, gives students the analytical tools they need to examine any given law or statute. This comprehensive policy-oriented casebook covers all the essential topics you'll want to address in class. It begins with a theoretical overview, introducing key environmental problems. The second chapter presents different problem-solving approaches: economic analysis, cost-benefit analysis, & the pursuit of social goals other than efficient resource allocation. Other chapters address: the role of common law, the regulation of hazardous waste, the administrative law doctrines that govern environmental law, NEPA, natural resources, & the future of environmental law & policy. The authors' approach is analytical & balanced, offering the full range of theoretical perspectives that affect current & future laws & statutes: public policy analysis the integration of law, science, & policy the philosophical foundations of environmental law the political dimensions of environmental law & policy Professors Menell & Stewart also pay careful attention to pedagogy. Each chapter is divided into units that can be taught in one class session & includes lively problems to spark classroom discussion. ENVIRONMENTAL LAW AND POLICY is a manageable length for teaching. Its in-depth Teacher's Manual provides helpful author insight (especially helpful for professors who are new to the area), & an accompanying Statutory Supplement collects important statutes in one convenient place.
Author: Walter F. Baber Publisher: MIT Press ISBN: 026225798X Category : Political Science Languages : en Pages : 478
Book Description
A proposal for a philosophical foundation and a realistic deliberative mechanism for creating a transnational common law for the environment. In Global Democracy and Sustainable Jurisprudence, Walter Baber and Robert Bartlett explore the necessary characteristics of a meaningful global jurisprudence, a jurisprudence that would underpin international environmental law. Arguing that theories of political deliberation offer useful insights into the current “democratic deficit” in international law, and using this insight as a way to approach the problem of global environmental protection, they offer both a theoretical foundation and a realistic deliberative mechanism for creating effective transnational common law for the environment. Their argument links elements not typically associated: abstract democratic theory and a practical form of deliberative democracy; the legitimacy-imparting value of deliberative democracy and the possibility of legislating through adjudication; common law jurisprudence and the development of transnational environmental law; and conceptual thinking that draws on Deweyan pragmatism, Rawlsian contractarianism, Habermasian critical theory, and the full liberalism of Bohman, Gutmann, and Thompson. Baber and Bartlett offer a democratic method for creating, interpreting, and implementing international environmental norms that involves citizens and bypasses states—an innovation that can be replicated and deployed across a range of policy areas. Transnational environmental consensus would develop through a novel model of juristic democracy that would generate legitimate international environmental law based on processes of hypothetical rule making by citizen juries. This method would translate global environmental norms into international law—law that, unlike all current international law, would be recognized as both fact and norm because of its inherent democratic legitimacy.
Author: Linda Hajjar Leib Publisher: Martinus Nijhoff Publishers ISBN: 9004188649 Category : Law Languages : en Pages : 193
Book Description
The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
Author: Richard L. Revesz Publisher: Oxford University Press, USA ISBN: 9780195091526 Category : Law Languages : en Pages : 334
Book Description
This volume in the Interdisciplinary Readers in Law series is a collection of 40 readings by lawyers, economists, environmentalists, and legal scholars, which introduce students to the major theoretical approaches in the field. The selections have been edited to facilitate accessibility, and each chapter includes an introduction highlighting the most important contributions of the readings. The chapters end with an extensive set of notes and questions, designed both to provide a deeper understanding of the readings as well as to introduce and critique a broader set of perspectives. This book can be used as a companion volume to the case materials used in a survey course on environmental law, as a textbook for law school seminars on environmental law and policy, and for undergraduate and graduate seminars on environmental policy in a variety of disciplines, including government, public policy, forestry, and resource management. This volume is part of the Interdisciplinary Readers in Law series (Roberta Romano, General Editor). Designed as a collection of supplementary texts for law school courses, the series collects important essays from leading lawyers, economists, political scientists, philosophers, historians, and legal scholars, reflecting the broad range of scholarship that informs contemporary law. Other volumes in the series include Foundations of Corporate Law (Roberta Romano, Editor) Foundations of Administrative Law (Peter Schuck, Editor), Foundations of Contract Law (Richard Craswell and Alan Schwartz, Editors), Foundations of Tort Law (Saul Levmore, Editor), and Foundations of Employment Discrimination Law (John J. Donohue III, Editor).
Author: Andreas Philippopoulos-Mihalopoulos Publisher: Taylor & Francis ISBN: 1136817123 Category : Law Languages : en Pages : 257
Book Description
Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law – where ‘ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution – Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.
Author: Dennis Klimchuk Publisher: Oxford University Press ISBN: 0192549871 Category : Law Languages : en Pages : 400
Book Description
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Author: Douglas A. Kysar Publisher: Yale University Press ISBN: 0300163304 Category : Law Languages : en Pages : 332
Book Description
Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we "can" afford.
Author: Sean Coyle
Author: Sean Coyle
Author: Richard B. Stewart
Author: Eugene C. Hargrove
Author: Walter F. Baber
Author: Linda Hajjar Leib
Author: Richard L. Revesz
Author: Andreas Philippopoulos-Mihalopoulos
Author: Dennis Klimchuk
Author: Richard L. Revesz
Author: Douglas A. Kysar