Tag Archives: natural law

Research Handbook on Human Rights and the Environment (A. Grear and L.J. Kotzé eds)

Editor

Anna Grear and Louis J. Kotzé

Keywords

Human rights, environment, epistemology, Ecological Subjectivities, natural law, United Nations, Australasia, New Zealand, environmental justice, Inter-American Court of Human Rights, Aarhus, climate displacement, North-South, ecosystem services

Abstract

Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law.

The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures.

An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law.

Citation

(2015) Edward Elgar

Book

Research Handbook on Human Rights and the Environment

 

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Towards an ecological philosophy of law: a comparative discussion (V. De Lucia)

Author

Vito De Lucia

Keywords

Earth Jurisprudence, legal philosophy, Natural Law, rights of nature, subjective rights, ecocentrism, property, ecology

Abstract

Environmental law finds itself in a very delicate position. Its role is to elaborate rules and principles for addressing multiple ecological crises, yet environmental law is structurally and conceptually rooted in a broader legal tradition thoroughly implicated in the domination and ‘othering’ of nature. The ecological worldview challenges the roots of modern law, casting critical light upon Cartesian dualism and the epistemology of mastery. While environmental law has incorporated some of the new knowledge offered by ecology into its normative texture, and has shifted its focus from fragmented parts and individuals (for example, individual species) towards wholes, relationships and complexity (for example, biodiversity, ecosystems processes), it remains far from being a comprehensive translation of the ecological worldview into law. Against this background, this article will discuss and compare two frameworks – Earth Jurisprudence and Law for Nature – both of which aim to elaborate an ecological philosophy of law. It will be suggested that while their critical premises are similarly grounded on ecological critiques of central legal categories such as subject (persons), object (things) and property (ownership), their respective ethical stances and central strategies are quite different: Earth Jurisprudence aims at articulating an ecocentric narrative in which nature is understood as a plurality of legal subjects endowed with rights; Law for Nature starts from a concept of ecological normativity, which through a continuous transformative process re-orients law, and grounds the relationship between subject and object in the concept of patrimonium. The tensions between subjective rights and objective norms, between individual and community, and between practical action and long-lasting, radical re-orientation, operate as guides for the discussion offered here.

Citation

(2013) 4/2 Journal of Human Rights and the Environment 167-190

Paper

Towards an ecological philosophy of law: a comparative discussion

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Natural law and ecocentrism (B. Donnelly and P. Bishop)

Author(s)

Bebhinn Donnelly and Patrick Bishop

Keywords

Jurisprudence; Environmental protection; Natural law

Abstract

Considers the scope for both new and traditional natural law to offer theoretical support for ecocentric approaches to environmental protection rather than solely anthropocentric approaches. Outlines the distinction between the two branches of natural law

Citation

(2007) 19(1) Journal of Environmental Law 89-101

Paper

Natural law and ecocentrism

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Natural law and ecocentrism (B. Donnelly and P. Bishop)

Author(s)

Bebhinn Donnelly and Patrick Bishop

Keywords

Jurisprudence; Environmental protection; Natural law

Abstract

Considers the scope for both new and traditional natural law to offer theoretical support for ecocentric approaches to environmental protection rather than solely anthropocentric approaches. Outlines the distinction between the two branches of natural law

Citation

(2007) 19(1) Journal of Environmental Law 89-101

Paper

Natural law and ecocentrism

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