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The Tension Between Rationality And Relationality In Environmental Law And Policy
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Book Synopsis The Tension Between Rationality and Relationality in Environmental Law and Policy by : Pravin Jeyaraj
Download or read book The Tension Between Rationality and Relationality in Environmental Law and Policy written by Pravin Jeyaraj and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The government has obligations under EU law to reduce the amount of waste being sent to landfill. This paper will argue that there is a conflict between the subjective rationality of individual actors within society (its relationality) and the objective rationality in environmental law and policy, which arises from a Hegelian master/slave dialectic. The paper will focus on waste collection and recycling. This is because that actions, including the creation of laws, is based on a combination of rational knowledge and non-rational or relational knowledge. This paper will consider whether laws to allow local authorities to offer financial incentives to encourage recycling will empower the individual as slave or strengthen government as master.
Book Synopsis International Climate Change Law and Policy by : Thoko Kaime
Download or read book International Climate Change Law and Policy written by Thoko Kaime and published by Routledge. This book was released on 2014-03-26 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change poses fundamental and varied challenges to all communities across the globe. The adaptation and mitigation strategies proposed by governments and non-governmental organisations are likely to require radical and fundamental shifts in socio-political structures, technological and economic systems, organisational forms, and modes of regulation. The sheer volume of law and policy emanating from the international level makes it uncertain which type of regulatory or policy framework is likely to have a positive impact. The success or failure of proposed measures will depend on their acceptability within the local constituencies within which they are sought to be applied. Therefore there is an urgent need to better comprehend and theorise the role of cultural legitimacy in the choice and effectiveness of international legal and policy interventions aimed at tackling the impact of climate change. The book brings together experts to present perspectives from different disciplines on the issue of international climate change law and policy. Beginning from the premise that legitimacy critiques of international climate change regulation have the capacity to positively influence policy trends and legal choices, the book showcases innovative ideas from across the disciplines and investigate the link between the efficacy of international legal and policy mechanisms on climate change and cultural legitimacy. The book includes chapters on with a theoretical basis as well as specific case-studies from around the globe. The topics covered include: land use planning as a tool of enhancing cultural legitimacy, indigenous peoples in international environmental negotiations, transnational advocacy networks, community-based forestry management and culture and voluntary social movements.
Book Synopsis Rights of Nature by : Daniel P. Corrigan
Download or read book Rights of Nature written by Daniel P. Corrigan and published by Routledge. This book was released on 2021-05-16 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders and analyzes legal cases, policies, and philosophical issues relating to this development. Drawing on contributions from a range of experts in the field, Rights of Nature: A Re-examination investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone’s influential 1972 article "Should Trees Have Standing?," the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy.
Book Synopsis Environmental Ethics and Law by : Robert Jay Goldstein
Download or read book Environmental Ethics and Law written by Robert Jay Goldstein and published by Ashgate Publishing. This book was released on 2004 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores a broad range of topics approaching environmental ethics from many different angles. A common thread running through the volume is the analysis of ethical principles as the backbone of practical policies and law for the benefit of the environment, and ultimately for the benefit of its inhabitants. The contributors are all at the forefront of their respective fields and fall into two essential categories: well-established scholars in the field of environmental ethics; and a group of newer voices that have followed what might be characterized as the first wave of environmental ethics scholarship.
Book Synopsis Environmental Justice by : Alice Kaswan
Download or read book Environmental Justice written by Alice Kaswan and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, Professor Kaswan considers the sometimes-tense intersection between environmentalism and the environmental justice movement. Professor Kaswan first establishes a framework for evaluating the newly-emerging environmental justice movement, identifying its primary distributive and political justice strands. Professor Kaswan then notes the skeptical views of environmentalism presented in the environmental justice literature. She explains the underlying tension by analyzing the roots of the environmental movement and its early distance from the civil rights movement (from which the environmental justice movement arose), as well as the ways in which environmental law may inadvertently have exacerbated environmental problems for poor and minority communities. Seeking to bridge the gap between environmental law and the struggle for justice, Professor Kaswan then explores the mechanisms by which environmental laws could serve environmental justice. Environmental laws can not only stop unwanted projects, they add transparency to facility siting processes and thereby reveal decisionmaking irrationalities that could be traceable to discrimination. For example, where an entity sites a facility in violation of substantive environmental criteria, it suggests that socio-political factors may be influencing the decision. In addition, many environmental laws provide a tool for generating information about the selected site and alternative sites that an affected community would not otherwise be able to obtain. The information can provide the community a basis for questioning the rationality, and hence the motives, of the siting decision. Environmental laws can thereby play a critical rule in a community's pursuit of political justice.
Book Synopsis Relational Autonomy by : Catriona Mackenzie
Download or read book Relational Autonomy written by Catriona Mackenzie and published by Oxford University Press. This book was released on 2000-01-27 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays explores the social and relational dimensions of individual autonomy. Rejecting the feminist charge that autonomy is inherently masculinist, the contributors draw on feminist critiques of autonomy to challenge and enrich contemporary philosophical debates about agency, identity, and moral responsibility. The essays analyze the complex ways in which oppression can impair an agent's capacity for autonomy, and investigate connections, neglected by standard accounts, between autonomy and other aspects of the agent, including self-conception, self-worth, memory, and the imagination.
Book Synopsis A Relational Theory of World Politics by : Yaqing Qin
Download or read book A Relational Theory of World Politics written by Yaqing Qin and published by . This book was released on 2018-04-05 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reinterpretation of world politics drawing on Chinese cultural and philosophical traditions to argue for a focus on relations amongst actors, rather than on the actors individually.
Book Synopsis Mental Capacity in Relationship by : Camillia Kong
Download or read book Mental Capacity in Relationship written by Camillia Kong and published by Cambridge University Press. This book was released on 2017-05-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.
Book Synopsis The Law's Ultimate Frontier: Towards an Ecological Jurisprudence by : Horatia Muir Watt
Download or read book The Law's Ultimate Frontier: Towards an Ecological Jurisprudence written by Horatia Muir Watt and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law where it is viewed from the outside as obscure and from the inside as a self-contained normative world generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.
Download or read book Journal of Food Law & Policy written by and published by . This book was released on 2015 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Global Environmental Constitutionalism by : James R. May
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Book Synopsis Agent-Based Modeling of Environmental Conflict and Cooperation by : Todd K. BenDor
Download or read book Agent-Based Modeling of Environmental Conflict and Cooperation written by Todd K. BenDor and published by CRC Press. This book was released on 2018-10-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict is a major facet of many environmental challenges of our time. However, growing conflict complexity makes it more difficult to identify win-win strategies for sustainable conflict resolution. Innovative methods are needed to help predict, understand, and resolve conflicts in cooperative ways. Agent-Based Modeling of Environmental Conflict and Cooperation examines computer modeling techniques as an important set of tools for assessing environmental and resource-based conflicts and, ultimately, for finding pathways to conflict resolution and cooperation. This book has two major goals. First, it argues that complexity science can be a unifying framework for professions engaged in conflict studies and resolution, including anthropology, law, management, peace studies, urban planning, and geography. Second, this book presents an innovative framework for approaching conflicts as complex adaptive systems by using many forms of environmental analysis, including system dynamics modeling, agent-based modeling, evolutionary game theory, viability theory, and network analysis. Known as VIABLE (Values and Investments from Agent-Based interaction and Learning in Environmental systems), this framework allows users to model advanced facets of conflicts—including institution building, coalition formation, adaptive learning, and the potential for future conflict—and conflict resolution based on the long-term viability of the actors’ strategies. Written for scholars, students, practitioners, and policy makers alike, this book offers readers an extensive introduction to environmental conflict research and resolution techniques. As the result of decades of research, the text presents a strong argument for conflict modeling and reviews the most popular and advanced techniques, including system dynamics modeling, agent-based modeling, and participatory modeling methods. This indispensable guide uses NetLogo, a widely used and free modeling software package, to implement the VIABLE modeling approach in three case study applications around the world. Readers are invited to explore, adapt, modify, and expand these models to conflicts they hope to better understand and resolve.
Book Synopsis Being Relational by : Jocelyn Downie
Download or read book Being Relational written by Jocelyn Downie and published by UBC Press. This book was released on 2011-11-10 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of relational theory lies the idea that the human self is fundamentally constituted in terms of its relations to others. For relational theorists, the self not only lives in relationship with and to others, but also owes its very existence to such relationships. In this groundbreaking collection, leading relational theorists explore core moral and metaphysical concepts, while health law and policy scholars respond by analyzing how such considerations might apply to more practical areas of concern. Innovative and self-reflexive, Being Relational brings a powerful theoretical framework to health law and policy studies. In so doing, it makes a bold contribution to scholarship and will appeal to a broad range of thinkers, especially those with an interest in social justice, and who seek to understand the complex ways in which power is created and sustained relationally.
Book Synopsis Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1 by : Jan H Dalhuisen
Download or read book Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1, in the first chapter, covers the roots and foundations of private law; the different origins, structure, and orientation of civil and common law; the forces behind the emergence of a new transnational commercial and financial legal order, its meaning, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; its methodology and the autonomous sources of the new law merchant or modern lex mercatoria, its international finance-driven impulses, and its relationship to domestic and transnational public policy and public order requirements. The second chapter covers the transnationalisation of dispute resolution in that order, especially international arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. All three volumes may be purchased separately or as part of a single set.
Book Synopsis Speaking of Violence by : Sara Cobb PhD
Download or read book Speaking of Violence written by Sara Cobb PhD and published by Oxford University Press. This book was released on 2013-05-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of ongoing or historical violence, people tell stories about what happened, who did what to whom and why. Yet frequently, the speaking of violence reproduces the social fractures and delegitimizes, again, those that struggle against their own marginalization. This speaking of violence deepens conflict and all too often perpetuates cycles of violence. Alternatively, sometimes people do not speak of the violence and it is erased, buried with the bodies that bear it witness. This reduces the capacity of the public to address issues emerging in the aftermath of violence and repression. This book takes the notion of "narrative" as foundational to conflict analysis and resolution. Distinct from conflict theories that rely on accounts of attitudes or perceptions in the heads of individuals, this narrative perspective presumes that meaning, structured and organized as narrative processes, is the location for both analysis of conflict, as well as intervention. But meaning is political, in that not all stories can be told, or the way they are told delegitimizes and erases others. Thus, the critical narrative theory outlined in this book offers a normative approach to narrative assessment and intervention. It provides a way of evaluating narrative and designing "better-formed" stories: "better" in that they are generative of sustainable relations, creating legitimacy for all parties. In so doing, they function aesthetically and ethically to support the emergence of new histories and new futures. Indeed, critical narrative theory offers a new lens for enabling people to speak of violence in ways that undermine the intractability of conflict
Book Synopsis John Rawls and His Critics by : J. H. Wellbank
Download or read book John Rawls and His Critics written by J. H. Wellbank and published by Scholarly Title. This book was released on 1982 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309452961 Total Pages :583 pages Book Rating :4.3/5 (94 download)
Book Synopsis Communities in Action by : National Academies of Sciences, Engineering, and Medicine
Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
