From Environmental to Ecological Law

ISBN-13: 9780367431082 / Angielski / Twarda / 2020 / 268 str.

Kirsten Anker; Peter D. Burdon (University of Adelaide;Geoffrey Garver

Opis

From Environmental to Ecological Law 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 policy makers of environmental and ecological law and governance, politics science, environmental ethics and ecological and degrowth economics.

Spis treści

Introduction  PART 1: Overview: from environmental to ecological law  1. The transformation of environmental law into ecological law  PART 2: Problems with contemporary law: two illustrative examples  2. The targeting of environmentalists with state-corporate intelligence networks  3. Ecological jurisprudence beyond Earth: toward an outer space ethic  PART 3: Solutions in ecological law  4. Ecological law in the Anthropocene  5. Restoring land, restoring law: theorizing ecological law with ecological restoration  6. Are rights of nature radical enough for ecological law?  7. Ecological jurisprudence and Indigenous relational ontologies: beyond the “ecological Indian”?  8. Conjuring sentient beings and relations in the law: rights of nature and a comparative praxis of legal cosmologies in Latin America  9. Needs-based constraints in an ecological law transition  10. The potential of the trusteeship theory for Canadian public law and environmental governance  11. African eco-philosophy on forests: a path worth exploring for the implementation of Earth jurisprudence  PART 4: Challenges in the transition to ecological law  12. Green(ing) legal theory: social logics and their re-formation  13. Lawyers and ecological law  14. Learning sacrifice: legal education in the Anthropocene  15. Tribal ecological knowledge and the transition to ecological law  16. Practical pathways to ecological law: Greenprints and a bioregional, regenerative governance approach for Australia