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Rethinking Environmental Law: Why Environmental Laws Should Conform to the Laws of Nature

Rethinking Environmental Law: Why Environmental Laws Should Conform to the Laws of Nature

Author: Jan G. Laitos
Publisher: Edward Elgar Publishing
ISBN: 9781788976022
Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,378.00

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Description
Contents

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Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules, highlighting that established approaches to existential threats impacting our natural environment cannot be relied upon.

Calling for a rethinking of how science is best used in environmental law, it explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed. Proposing a new algorithm for the formulation of workable environmental laws, Laitos explores the ways in which these should be linked to the laws of connection, simplicity, economy, and symmetry. This innovative book illustrates examples of this new class of laws, based not on regulations and rules, but on rights and duties.

Rethinking Environmental Law will be an illuminating read for students and scholars of environmental law and policy. Suggesting an alternative role for science in developing environmental policy, it will also be of value to environmental policy makers.

Prologue

1. Introduction: Replacing the standard algorithm for environmental law

PART I. UTILITARIAN SCIENCE AND A PRESUMPTION OF SEPARATION

2. Introduction to Part I

3. The standard model of nature and humans, and the historic presumption of separation

4. Environmental laws and the rule of separation

PART II. LOOK AT MOTHER NATURE ON THE RUN

5. Introduction to Part II

6. The reckoning

PART III. EXPLANATORY SCIENCE AND A NEW PRESUMPTION OF ENTANGLEMENT

7. Introduction to Part III

8. A more realistic model of nature and humans, reflecting a presumption of entanglement