The Ecology of Law

The Ecology of Law

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  • Author: Fritjof Capra
  • Publisher: Berrett-Koehler Publishers
  • ISBN: 1626562083
  • Category : Law
  • Languages : en
  • Pages : 285

Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly


From Environmental to Ecological Law

From Environmental to Ecological Law

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  • Author: Kirsten Anker
  • Publisher: Routledge
  • ISBN: 1000328627
  • Category : Law
  • Languages : en
  • Pages : 311

This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.


Law and Ecology

Law and Ecology

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  • Author: Richard O. Brooks
  • Publisher: Taylor & Francis
  • ISBN: 1351922912
  • Category : Law
  • Languages : en
  • Pages : 430

In 1970 Earth Day was first celebrated marking the dawn of worldwide environmental consciousness and the passing of many environmental laws. In part, these events were the result of the maturing of the science of ecology which recognized the interdependence of the web and cycles of nature. This volume explores the relationship between ecology and environmental law, beginning with a description of the two very different disciplines. This description is followed by a history of their episodic interactions: the early period of origin, the mid-century formative period from 1950 to 1970, the initial serious period of interaction after Earth Day in 1970 and the testing of the relationship during the next two decades. Utilizing a number of case studies, examinations of the key 'linkage persons', legal instruments and the migration of ecological concepts and frameworks, this book analyzes the final flowering of an ecosystem regime which embraces the connections between the two disciplines of ecology and environmental law. Concluding with an inventory of the problems posed by the relationship between the two disciplines and an agenda for future research, this clearly structured, comprehensive and stringent book is an essential resource for all serious scholars and students of ecology and environmental law.


The Ecology of Law

The Ecology of Law

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  • Author: Fritjof Capra
  • Publisher:
  • ISBN: 9780369312709
  • Category : Law
  • Languages : en
  • Pages : 472

Description: At the root of many of the environmental, economic, and social crises we face today is a legal system based on an outdated and ultimately destructive worldview. In this groundbreaking book, bestselling author, physicist, and systems theorist Fritjof Capra and distinguished legal scholar Ugo Mattei show how, by incorporating concepts from modern science, the law can be updated to reflect a more accurate view of how the world works and become a progressive force. Capra and Mattei trace the fascinating parallel history of law and science to show how the two disciplines have always influenced each other - until recently. Science now sees the world as being made up of interconnected networks. But law is stuck in a mechanistic, 17th century paradigm that views the world as discrete individual parts. This has led to a disregard for the health of the whole - for example, elevating the rights of individual property owners over the good of the community. But Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet.


Ecological Law and the Planetary Crisis

Ecological Law and the Planetary Crisis

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  • Author: Geoffrey Garver
  • Publisher: Routledge
  • ISBN: 1000210804
  • Category : Law
  • Languages : en
  • Pages : 262

This book uses a transdisciplinary systems approach to examine how Earth’s human-caused ecological crisis arose and presents a new legal approach for overcoming it. Ecological Law and the Planetary Crisis first examines how the history of humanity’s social metabolism, along with the history of human inventions and ideas, led to the human-Earth dilemma we see today and explains why contemporary law is inadequate for confronting this dilemma. The book goes on to propose ecological law—law that maintains human activity within ecological limits such as planetary boundaries while ensuring social justice and equity—as an essential element of an urgently needed radical pathway of change toward a perpetual, mutually enhancing human-Earth relationship. Finally, it offers a systems-based analytical tool for organizing actions to promote the transition from environmental to ecological law. Increasing the visibility, clarity and development of ecological law, this book will be of great interest to students and scholars of ecological and environmental law and governance.


The Ecology of Law

The Ecology of Law

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  • Author: Fritjof Capra
  • Publisher:
  • ISBN: 9781459698604
  • Category :
  • Languages : en
  • Pages : 434

Description: At the root of many of the environmental, economic, and social crises we face today is a legal system based on an outdated and ultimately destructive worldview. In this groundbreaking book, bestselling author, physicist, and systems theorist Fritjof Capra and distinguished legal scholar Ugo Mattei show how, by incorporating concepts from modern science, the law can be updated to reflect a more accurate view of how the world works and become a progressive force. Capra and Mattei trace the fascinating parallel history of law and science to show how the two disciplines have always influenced each other - until recently. Science now sees the world as being made up of interconnected networks. But law is stuck in a mechanistic, 17th century paradigm that views the world as discrete individual parts. This has led to a disregard for the health of the whole - for example, elevating the rights of individual property owners over the good of the community. But Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet.


Environmental Law, Disrupted

Environmental Law, Disrupted

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  • Author: KEITH. OWLEY HIROKAWA (JESSICA.)
  • Publisher:
  • ISBN: 9781585762354
  • Category :
  • Languages : en
  • Pages : 336

To date, U.S. law has largely served as an obstacle to an honest assessment of our preparedness to face the climate change challenge. Given that society has become comfortable amidst mild climatic conditions, and given a pervasive reluctance to change, extreme and abrupt climatic changes will hit hard. Our current legal structure maintains a dangerous status quo and it is time to unleash the potential of communities and the private sector to produce innovative solutions. This book, the fourth in a series by the Environmental Law Collaborative, addresses disruption from a variety of influences and perspectives. Some essays consider the disruptive effects of environmental changes on human and ecological safety, security, and well-being, suggesting that the impacts of climate changes are not accounted for in the current legal system. Some identify key changes needed to respond to climatic challenges, social inequities, and dwindling grey and green resources. Others deconstruct social, political, and professional frameworks to understand how such influences might be used to disrupt the current regime, or even ones where expectations are being disrupted with the endorsement of law. Taken together, these essays provide an understanding of the cause, effect, and opportunity that environmental disruption presents in the climate change era.


Contributions to Law, Philosophy and Ecology

Contributions to Law, Philosophy and Ecology

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  • Author: Ruth Thomas-Pellicer
  • Publisher: Routledge
  • ISBN: 1317527356
  • Category : Law
  • Languages : en
  • Pages : 256

Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory, and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection comprises eleven contributions approaching re-embodiments from a multiplicity of fields, including legal theory, eco-philosophy, eco-feminism and anthropology. The contributions are organized into three parts: ‘Beyond Modernity’, ‘The Sacred Dimension’ and ‘The Legal Dimension’. The collection is opened by a comprehensive introduction that situates re-embodiments in theoretical context. Whilst closely bound with embodiment and new materialist theory, this book contributes a unique voice that echoes diverse political processes contemporaneous to our times. Written in an elegant and accessible language, the book will appeal to undergraduates, postgraduates and established scholars alike seeking to understand and take re-embodiments further, both politically and theoretically.


Law and Ecology

Law and Ecology

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  • Author: Andreas Philippopoulos-Mihalopoulos
  • Publisher: Routledge
  • ISBN: 1136817115
  • Category : Law
  • Languages : en
  • Pages : 254

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.


Law and Ecology

Law and Ecology

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  • Author: Richard O. Brooks
  • Publisher: Routledge
  • ISBN: 1351922904
  • Category : Law
  • Languages : en
  • Pages : 450

In 1970 Earth Day was first celebrated marking the dawn of worldwide environmental consciousness and the passing of many environmental laws. In part, these events were the result of the maturing of the science of ecology which recognized the interdependence of the web and cycles of nature. This volume explores the relationship between ecology and environmental law, beginning with a description of the two very different disciplines. This description is followed by a history of their episodic interactions: the early period of origin, the mid-century formative period from 1950 to 1970, the initial serious period of interaction after Earth Day in 1970 and the testing of the relationship during the next two decades. Utilizing a number of case studies, examinations of the key 'linkage persons', legal instruments and the migration of ecological concepts and frameworks, this book analyzes the final flowering of an ecosystem regime which embraces the connections between the two disciplines of ecology and environmental law. Concluding with an inventory of the problems posed by the relationship between the two disciplines and an agenda for future research, this clearly structured, comprehensive and stringent book is an essential resource for all serious scholars and students of ecology and environmental law.