Contributions to Law, Philosophy and Ecology
Contributions to Law, Philosophy and Ecology

Author: Ruth Thomas-Pellicer

Publisher: Routledge

Published: 2016-05-26

Total Pages: 269

ISBN-13: 1317527356

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Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory, and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection comprises eleven contributions approaching re-embodiments from a multiplicity of fields, including legal theory, eco-philosophy, eco-feminism and anthropology. The contributions are organized into three parts: ‘Beyond Modernity’, ‘The Sacred Dimension’ and ‘The Legal Dimension’. The collection is opened by a comprehensive introduction that situates re-embodiments in theoretical context. Whilst closely bound with embodiment and new materialist theory, this book contributes a unique voice that echoes diverse political processes contemporaneous to our times. Written in an elegant and accessible language, the book will appeal to undergraduates, postgraduates and established scholars alike seeking to understand and take re-embodiments further, both politically and theoretically.

Contributions to Law, Philosophy and Ecology
Contributions to Law, Philosophy and Ecology

Author: Ruth Thomas-Pellicer

Publisher: Routledge

Published: 2016-05-26

Total Pages: 299

ISBN-13: 1317527348

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Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory, and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection comprises eleven contributions approaching re-embodiments from a multiplicity of fields, including legal theory, eco-philosophy, eco-feminism and anthropology. The contributions are organized into three parts: ‘Beyond Modernity’, ‘The Sacred Dimension’ and ‘The Legal Dimension’. The collection is opened by a comprehensive introduction that situates re-embodiments in theoretical context. Whilst closely bound with embodiment and new materialist theory, this book contributes a unique voice that echoes diverse political processes contemporaneous to our times. Written in an elegant and accessible language, the book will appeal to undergraduates, postgraduates and established scholars alike seeking to understand and take re-embodiments further, both politically and theoretically.

The Ecology of Law
The Ecology of Law

Author: Fritjof Capra

Publisher: Berrett-Koehler Publishers

Published: 2015-10-05

Total Pages: 285

ISBN-13: 1626562083

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Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly

Politics of Nature
Politics of Nature

Author: Bruno Latour

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 320

ISBN-13: 0674039963

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A major work by one of the more innovative thinkers of our time, Politics of Nature does nothing less than establish the conceptual context for political ecology—transplanting the terms of ecology into more fertile philosophical soil than its proponents have thus far envisioned. Bruno Latour announces his project dramatically: “Political ecology has nothing whatsoever to do with nature, this jumble of Greek philosophy, French Cartesianism and American parks.” Nature, he asserts, far from being an obvious domain of reality, is a way of assembling political order without due process. Thus, his book proposes an end to the old dichotomy between nature and society—and the constitution, in its place, of a collective, a community incorporating humans and nonhumans and building on the experiences of the sciences as they are actually practiced. In a critique of the distinction between fact and value, Latour suggests a redescription of the type of political philosophy implicated in such a “commonsense” division—which here reveals itself as distinctly uncommonsensical and in fact fatal to democracy and to a healthy development of the sciences. Moving beyond the modernist institutions of “mononaturalism” and “multiculturalism,” Latour develops the idea of “multinaturalism,” a complex collectivity determined not by outside experts claiming absolute reason but by “diplomats” who are flexible and open to experimentation.

The Global Emergence of Constitutional Environmental Rights
The Global Emergence of Constitutional Environmental Rights

Author: Joshua C. Gellers

Publisher: Routledge

Published: 2017-05-18

Total Pages: 143

ISBN-13: 1315524392

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Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

Earth Jurisprudence
Earth Jurisprudence

Author: Peter D. Burdon

Publisher: Routledge

Published: 2014-09-19

Total Pages: 188

ISBN-13: 113514415X

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The idea of human dominion over nature has become entrenched by the dominant rights-based interpretation of private property. Accordingly, nature is not attributed any inherent value and becomes merely the matter of a human property relationship. Earth Jurisprudence: Private Property and the Environment explores how an alternative conception of property might be instead grounded in the ecocentric concept of an Earth community. Recognising that human beings are deeply interconnected with and dependent on nature, this concept is proposed as a standard and measure for human law. This book argues that the anthropocentric institution of private property needs to be reconceived; drawing on international case law, indigenous views of property and the land use practices of agrarian communities, Peter Burdon considers how private property can be reformulated in a way that fosters duties towards nature. Using the theory of earth jurisprudence as a guide, he outlines an alternative ecocentric description of private property as a relationship between and among members of the Earth community. This book will appeal to those researching in law, justice and ecology, as well as anyone pursuing an interest more particularly in earth jurisprudence.

Law as if Earth Really Mattered
Law as if Earth Really Mattered

Author: Nicole Rogers

Publisher: Taylor & Francis

Published: 2017-04-21

Total Pages: 404

ISBN-13: 1317210581

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This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.

Routledge Handbook of Environmental Anthropology
Routledge Handbook of Environmental Anthropology

Author: Helen Kopnina

Publisher: Routledge

Published: 2016-08-12

Total Pages: 662

ISBN-13: 1317667956

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Environmental Anthropology studies historic and present human-environment interactions. This volume illustrates the ways in which today's environmental anthropologists are constructing new paradigms for understanding the multiplicity of players, pressures, and ecologies in every environment, and the value of cultural knowledge of landscapes. This Handbook provides a comprehensive survey of contemporary topics in environmental anthropology and thorough discussions on the current state and prospective future of the field in seven key sections. As the contributions to this Handbook demonstrate, the subfield of environmental anthropology is responding to cultural adaptations and responses to environmental changes in multiple and complex ways. As a discipline concerned primarily with human-environment interaction, environmental anthropologists recognize that we are now working within a pressure cooker of rapid environmental damage that is forcing behavioural and often cultural changes around the world. As we see in the breadth of topics presented in this volume, these environmental challenges have inspired renewed foci on traditional topics such as food procurement, ethnobiology, and spiritual ecology; and a broad new range of subjects, such as resilience, nonhuman rights, architectural anthropology, industrialism, and education. This volume enables scholars and students quick access to both established and trending environmental anthropological explorations into theory, methodology and practice.

Representations and Rights of the Environment
Representations and Rights of the Environment

Author: Sandy Lamalle

Publisher: Cambridge University Press

Published: 2023-02-28

Total Pages: 415

ISBN-13: 1108488293

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A critical, intercultural and interdisciplinary review of our relationship with the environment, and its reflection in law and governance.