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Author: Sean Coyle
Publisher: Hart Publishing
Published: 2004-04
Total Pages: 245
ISBN-13: 1841133590
DOWNLOAD EBOOK →This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.
Author: Richard B. Stewart
Publisher: MICHIE
Published: 1982
Total Pages: 240
ISBN-13: 9780872155473
DOWNLOAD EBOOK →Introducing an exciting new approach to the teaching of environmental law:ENVIRONMENTAL, LAW AND POLICY, by Peter Menell & Richard Stewart. The authors' focus on policy & theory, rather than the minutia of environmental law, gives students the analytical tools they need to examine any given law or statute. This comprehensive policy-oriented casebook covers all the essential topics you'll want to address in class. It begins with a theoretical overview, introducing key environmental problems. The second chapter presents different problem-solving approaches: economic analysis, cost-benefit analysis, & the pursuit of social goals other than efficient resource allocation. Other chapters address: the role of common law, the regulation of hazardous waste, the administrative law doctrines that govern environmental law, NEPA, natural resources, & the future of environmental law & policy. The authors' approach is analytical & balanced, offering the full range of theoretical perspectives that affect current & future laws & statutes: public policy analysis the integration of law, science, & policy the philosophical foundations of environmental law the political dimensions of environmental law & policy Professors Menell & Stewart also pay careful attention to pedagogy. Each chapter is divided into units that can be taught in one class session & includes lively problems to spark classroom discussion. ENVIRONMENTAL LAW AND POLICY is a manageable length for teaching. Its in-depth Teacher's Manual provides helpful author insight (especially helpful for professors who are new to the area), & an accompanying Statutory Supplement collects important statutes in one convenient place.
Author: Linda Hajjar Leib
Publisher: BRILL
Published: 2010-12-17
Total Pages: 192
ISBN-13: 9004189939
DOWNLOAD EBOOK →This book explores the philosophical, theoretical and legal bases that underpin the linkage between human rights and the environment. Such linkage, grounded in reality, is an innovative way of addressing environmental issues through the lens of a well-established international human rights system. The book argues that a new set of environmental rights is gradually forging its way into international law and suggests a re-configuration of the human rights system in the context of sustainable development and the notion of solidarity rights. In doing so, two sets of concepts are considered: first, the possibility of a rapprochement between environmental ethics and the human rights doctrine and, second, the theoretical and practical links among the concepts of development, democracy, environment and sustainable development.
Author: Linda Hajjar Leib
Publisher: Martinus Nijhoff Publishers
Published: 2011
Total Pages: 193
ISBN-13: 9004188649
DOWNLOAD EBOOK →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.
Author: Peter Burdon
Publisher: Wakefield Press
Published: 2011
Total Pages: 370
ISBN-13: 1743050739
DOWNLOAD EBOOK →From cover: "Wild law is a groundbreaking approach to law that stresses human interconnectedness and dependence on nature. It critiques existing law for promoting environmental harm and seeks to establish a mutually enhancing human-Earth relationship. For the first time, this volume brings together voices fromt he leading proponents of wild law around the world. It introduces readers to the idea of wild law and considers its relationship to environmental law, the rights of nature, science, religion, property law and international governance."
Author: Walter F. Baber
Publisher: MIT Press
Published: 2009-06-12
Total Pages: 478
ISBN-13: 026225798X
DOWNLOAD EBOOK →A proposal for a philosophical foundation and a realistic deliberative mechanism for creating a transnational common law for the environment. In Global Democracy and Sustainable Jurisprudence, Walter Baber and Robert Bartlett explore the necessary characteristics of a meaningful global jurisprudence, a jurisprudence that would underpin international environmental law. Arguing that theories of political deliberation offer useful insights into the current “democratic deficit” in international law, and using this insight as a way to approach the problem of global environmental protection, they offer both a theoretical foundation and a realistic deliberative mechanism for creating effective transnational common law for the environment. Their argument links elements not typically associated: abstract democratic theory and a practical form of deliberative democracy; the legitimacy-imparting value of deliberative democracy and the possibility of legislating through adjudication; common law jurisprudence and the development of transnational environmental law; and conceptual thinking that draws on Deweyan pragmatism, Rawlsian contractarianism, Habermasian critical theory, and the full liberalism of Bohman, Gutmann, and Thompson. Baber and Bartlett offer a democratic method for creating, interpreting, and implementing international environmental norms that involves citizens and bypasses states—an innovation that can be replicated and deployed across a range of policy areas. Transnational environmental consensus would develop through a novel model of juristic democracy that would generate legitimate international environmental law based on processes of hypothetical rule making by citizen juries. This method would translate global environmental norms into international law—law that, unlike all current international law, would be recognized as both fact and norm because of its inherent democratic legitimacy.
Author: Richard L. Revesz
Publisher: Oxford University Press, USA
Published: 1997
Total Pages: 334
ISBN-13: 9780195091526
DOWNLOAD EBOOK →This volume in the Interdisciplinary Readers in Law series is a collection of 40 readings by lawyers, economists, environmentalists, and legal scholars, which introduce students to the major theoretical approaches in the field. The selections have been edited to facilitate accessibility, and each chapter includes an introduction highlighting the most important contributions of the readings. The chapters end with an extensive set of notes and questions, designed both to provide a deeper understanding of the readings as well as to introduce and critique a broader set of perspectives. This book can be used as a companion volume to the case materials used in a survey course on environmental law, as a textbook for law school seminars on environmental law and policy, and for undergraduate and graduate seminars on environmental policy in a variety of disciplines, including government, public policy, forestry, and resource management. This volume is part of the Interdisciplinary Readers in Law series (Roberta Romano, General Editor). Designed as a collection of supplementary texts for law school courses, the series collects important essays from leading lawyers, economists, political scientists, philosophers, historians, and legal scholars, reflecting the broad range of scholarship that informs contemporary law. Other volumes in the series include Foundations of Corporate Law (Roberta Romano, Editor) Foundations of Administrative Law (Peter Schuck, Editor), Foundations of Contract Law (Richard Craswell and Alan Schwartz, Editors), Foundations of Tort Law (Saul Levmore, Editor), and Foundations of Employment Discrimination Law (John J. Donohue III, Editor).
Author: Dennis Klimchuk
Publisher: Oxford University Press
Published: 2020-04-02
Total Pages: 400
ISBN-13: 0192549871
DOWNLOAD EBOOK →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.
Author: Richard L. Revesz
Publisher: Oxford University Press, USA
Published: 1997
Total Pages: 360
ISBN-13:
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