Rethinking environmental law : why environmental laws should conform to the laws of nature / Jan G. Laitos.

Format:

Book

Author/Creator:

Laitos, Jan, author.

Contributor:

Edward Elgar Publishing, publisher.

Series:

Rethinking Law

Language:

English

Subjects (All):

Environmental law.

Natural law.

Physical Description:

1 online resource (264 pages)

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, [2021]

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. 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.

Contents:

Front Matter

Copyright

Contents

Prologue

Acknowledgements

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 SES

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78897-603-7