
Rethinking Environmental Law
Why Environmental Laws Should Conform to the Laws of Nature
Jan G. Laitos(Author)
Edward Elgar Publishing
Published on 13. August 2021
Book
Hardback
264 pages
978-1-78897-602-2 (ISBN)
Description
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.
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.
Reviews / Votes
'In an era when almost all commentators believe we must rethink environmental law, Jan G. Laitos stands out for having rethought it from top to bottom to align environmental law's ''algorithm'' with the Laws of Nature. Distilling those laws to the three core universal principles of connectedness, economy, and symmetry, he leverages them to redesign the new algorithm around the concept of the social-ecological system, to which environmental law must assign rights and to which humans must bear positive duties of protection. Along the way he offers a sweeping history and critique of environmental law'AEos current algorithm of separation between humans and Nature. Anyone thinking we need to rethink environmental law should start with Laitos's splendid book, and perhaps end there as well.' -- J.B. Ruhl, Vanderbilt University Law School, USMore details
Series
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-78897-602-2 (9781788976022)
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Schweitzer Classification
Person
Jan G. Laitos, Joe T. Juhan Endowed Professorship in Property Rights and Policy and Professor of Law, Sturm College of Law, University of Denver, USA
Content
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 SES Index