Peter D. Burdon - Böcker

This book 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 policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.

The Routledge Handbook of Law and the Anthropocene provides a critical survey into the function of law and governance during a time when humans have the power to impact the Earth system.The Anthropocene is a “crisis of the earth system.” This book addresses its implications for law and legal thinking in the twenty-first century. Unpacking the challenges of the Anthropocene for advocates of ecological law and politics, this handbook pursues a range of approaches to the scientific fact of anthropocentrism, with contributions from lawyers, philosophers, geographers, and environmental and political scientists. Rather than adopting a hubristic normativity, the contributors engage methods, concepts, and legal instruments in a way that underscores the importance of humility and an expansive ethical worldview. Contributors to this volume are leading scholars and future leaders in the field. Rather than upholding orthodoxy, the handbook also problematizes received wisdom and is grounded in the conviction that the ideas we have inherited from the Holocene must all be open to question.Engaging such issues as the Capitalocene, Gaia theory, the rights of nature, posthumanism, the commons, geoengineering, and civil disobedience, this handbook will be of enormous interest to academics, students, and others with interests in ecological law and the current environmental crisis.

This book introduces the concept of the Anthropocene and examines its importance for environmental legal thinking, research and practice. Two main arguments are explored. The first is that much of the scholarship in environmental law that addresses the Anthropocene does not respond to Earth systems science or the difference in scale as we move from local to global systems. Key examples include a focus on anthropocentrism, attempts to constitutionalise environmental protections, the prevalence of legal rights and the idea of ecological integrity. The second argument is that these points of focus derive from the prevalence of idealism in environmental legal scholarship. Idealism in this context does not refer to naivety or the presentation of unrealistic goals. Rather, this book is concerned with idealism as a philosophical commitment to the power of ideas to determine reality and drive future change. As expressed in legal scholarship, this book also argues that idealism involves an abstraction from material reality and a refusal to directly engage those forces that have given rise to the Anthropocene. In response, this book uses a method of critique to uncover the presumptions and presuppositions that underlie environmental scholarship. As a counter to idealism, it also sketches out a framework for materialism in the Anthropocene.This book’s engagement with these questions will appeal to undergraduate and postgraduate students in law, politics, philosophy or the ecological humanities. It will also be of interest to academics in these disciplines and libraries around the world.

This book 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 policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.

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.

The Routledge Handbook of Law and the Anthropocene provides a critical survey into the function of law and governance during a time when humans have the power to impact the Earth system.The Anthropocene is a “crisis of the earth system.” This book addresses its implications for law and legal thinking in the twenty-first century. Unpacking the challenges of the Anthropocene for advocates of ecological law and politics, this handbook pursues a range of approaches to the scientific fact of anthropocentrism, with contributions from lawyers, philosophers, geographers, and environmental and political scientists. Rather than adopting a hubristic normativity, the contributors engage methods, concepts, and legal instruments in a way that underscores the importance of humility and an expansive ethical worldview. Contributors to this volume are leading scholars and future leaders in the field. Rather than upholding orthodoxy, the handbook also problematizes received wisdom and is grounded in the conviction that the ideas we have inherited from the Holocene must all be open to question.Engaging such issues as the Capitalocene, Gaia theory, the rights of nature, posthumanism, the commons, geoengineering, and civil disobedience, this handbook will be of enormous interest to academics, students, and others with interests in ecological law and the current environmental crisis.

This book introduces the concept of the Anthropocene and examines its importance for environmental legal thinking, research and practice. Two main arguments are explored. The first is that much of the scholarship in environmental law that addresses the Anthropocene does not respond to Earth systems science or the difference in scale as we move from local to global systems. Key examples include a focus on anthropocentrism, attempts to constitutionalise environmental protections, the prevalence of legal rights and the idea of ecological integrity. The second argument is that these points of focus derive from the prevalence of idealism in environmental legal scholarship. Idealism in this context does not refer to naivety or the presentation of unrealistic goals. Rather, this book is concerned with idealism as a philosophical commitment to the power of ideas to determine reality and drive future change. As expressed in legal scholarship, this book also argues that idealism involves an abstraction from material reality and a refusal to directly engage those forces that have given rise to the Anthropocene. In response, this book uses a method of critique to uncover the presumptions and presuppositions that underlie environmental scholarship. As a counter to idealism, it also sketches out a framework for materialism in the Anthropocene.This book’s engagement with these questions will appeal to undergraduate and postgraduate students in law, politics, philosophy or the ecological humanities. It will also be of interest to academics in these disciplines and libraries around the world.