Download or read book The Philosophical Foundations of Environmental Law written by Sean Coyle and published by Hart Publishing. This book was released on 2004-04 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.
Download or read book Human Rights and the Environment written by Linda Hajjar Leib and published by Martinus Nijhoff Publishers. This book was released on 2011 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
Download or read book Foundations of Environmental Ethics written by Eugene C. Hargrove and published by . This book was released on 1989 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the author examines the history of ideas that has produced the conflict between Western environmentalism and other Western traditions.
Download or read book Philosophical Foundations of Climate Change Policy written by Joseph Heath and published by Oxford University Press. This book was released on 2021 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Although the task of formulating an appropriate policy response to the problem of anthropogenic climate change is one that raises a number of very difficult normative issues, environmental ethicists have not played an influential role in government deliberations. This is primarily due to their rejection of many of the assumptions that structure the debates over policy. This book offers a philosophical defense of these assumptions, in order to overcome the major conceptual barriers to the participation of philosophers in these debates. There are five important barriers: First, the policy debate presupposes a stance of liberal neutrality, as a result of which it does not privilege any particular set of environmental values over other concerns. Second, it assumes ongoing economic growth, along with a commitment to what is sometimes called a weak sustainability framework when analyzing the value of the bequest being made to future generations. Third, it treats climate change as fundamentally a collective action problem, not an issue of distributive justice. Fourth, there is the acceptance of cost-benefit analysis, or more precisely, the view that a carbon pricing regime should be guided by our best estimate of the social cost of carbon. And finally, there is the view that when this calculation is undertaken, it is permissible to discount costs and benefits, depending on how far removed they are from the present. This book attempts to make explicit and defend these presuppositions, and in so doing offer philosophical foundations for the debate over climate change policy"--
Download or read book Environmental Law Policy and Economics written by Nicholas Askounes Ashford and published by MIT Press. This book was released on 2008 with total page 1125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
Download or read book Philosophical Foundations of the Law of Torts written by John Oberdiek and published by . This book was released on 2014-02 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by . This book was released on 2013-10 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.
Download or read book Philosophical Foundations of Constitutional Law written by David Dyzenhaus and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.
Download or read book Regulating from Nowhere written by Douglas A. Kysar and published by Yale University Press. This book was released on 2010-06-22 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we "can" afford.
Download or read book Philosophical Foundations of Human Rights written by Rowan Cruft and published by Oxford University Press. This book was released on 2015 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
Download or read book The Philosophy of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2010-04 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by OUP Oxford. This book was released on 2012-10-11 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.
Download or read book Philosophical Foundations of the Law of Equity written by Dennis Klimchuk and published by Oxford University Press. This book was released on 2020-04-02 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Download or read book Authors Copyright and Publishing in the Digital Era written by Cantatore, Francina and published by IGI Global. This book was released on 2014-02-28 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Basic copyright laws and enforcements have been in effect for hundreds of years. However, laws with such extensive histories can often make understanding them complicated. As publishing moves into a digital arena, copyright laws have become increasingly complex. Authors, Copyright, and Publishing in the Digital Era not only addresses the current complexities that aries with authors and copyright laws when publishing digitally, but it also sheds light on the current processes and procedures in place concerning copyright options for digital publishers. This publication addresses a global audience in the manner in which it discusses traditional methods used in publishing before segueing into new model and strategies for both a business and an author in this ever-expanding digital world.
Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
Download or read book Environmental Human Rights written by Markku Oksanen and published by Routledge. This book was released on 2017-09-05 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature of environmental human rights and their relation to larger rights theories has been a frequent topic of discussion in law, environmental ethics and political theory. However, the subject of environmental human rights has not been fully established among other human rights concerns within political philosophy and theory. In examining environmental rights from a political theory perspective, this book explores an aspect of environmental human rights that has received less attention within the literature. In linking the constraints of political reality with a focus on the theoretical underpinnings of how we think about politics, this book explores how environmental human rights must respond to the key questions of politics, such as the state and sovereignty, equality, recognition and representation, and examines how the competing understandings about these rights are also related to political ideologies. Drawing together contributions from a range of key thinkers in the field, this is a valuable resource for students and scholars of human rights, environmental ethics, and international environmental law and politics more generally.
Download or read book Taking Action Saving Lives written by Kristin Shrader-Frechette and published by Oxford University Press. This book was released on 2007-10-19 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States alone, industrial and agricultural toxins account for about 60,000 avoidable cancer deaths annually. Pollution-related health costs to Americans are similarly staggering: $13 billion a year from asthma, $351 billion from cardiovascular disease, and $240 billion from occupational disease and injury. Most troubling, children, the poor, and minorities bear the brunt of these health tragedies. Why, asks Kristin Shrader-Frechette, has the government failed to protect us, and what can we do about it? In this book, at once brilliant and accessible, Shrader-Frechette reveals how politicians, campaign contributors, and lobbyists--and their power over media, advertising, and public relations--have conspired to cover up environmental disease and death. She also shows how science and regulators themselves are frequently "captured" by well-funded polluters and special interests. But most important, the author puts both the blame--and the solution--on the shoulders of ordinary citizens. She argues that everyone, especially in a democracy, has a duty to help prevent avoidable environmental deaths, to remain informed about, and involved in, public-health and environmental decision-making. Toward this end, she outlines specific, concrete ways in which people can contribute to life-saving reforms, many of them building on recommendations of the American Public Health Association. As disturbing as it is, Shrader-Frechette's message is ultimately hopeful. Calling for a new "democratic revolution," she reminds us that while only a fraction of the early colonists supported the American Revolution, that tiny group managed to change the world. Her book embodies the conviction that we can do the same for environmental health, particularly if citizens become the change they seek. "Timely, accessible, and written with enviable clarity and passion. A distinguished philosopher sounds an ethical call to arms to prevent illness and death from pollution." --Sheila Jasanoff, Harvard University "Influential and impressive. A must-read." --Nicholas A. Ashford, Massachusetts Institute of Technology "By one of America's foremost philosophers and public intellectuals; immensely readable, courageous, often startling, insightful." --Richard Hiskes, University of Connecticut "Like Rachel Carson's Silent Spring--brilliant, brave." --Sylvia Hood Washington, University of Illinois, Chicago "A blistering account of how advocacy must be brought to bear on issues of justice and public health." -- Jeffrey Kahn, University of Minnesota "No other author can so forcefully bring together ethical analysis, government policy, and environmental science. Outstanding." --Colleen Moore, University of Wisconsin
