Justice, Property and the Environment

Justice, Property and the Environment
Author: Tim Hayward
Publisher: Routledge
Total Pages: 328
Release: 2018-12-20
Genre: Social Science
ISBN: 0429837798

First published in 1997, this book discusses the interplaying factors environmental issues have on justice and property and other social problems. Endeavouring create a discourse on what sustainability means in implementation, each of the contributors to this book approaches this via different theoretical viewpoints.

Justice, Property and the Environment

Justice, Property and the Environment
Author: Tim Hayward
Publisher: Routledge
Total Pages: 224
Release: 2020-04-02
Genre:
ISBN: 9781138322776

First published in 1997, this book discusses the interplaying factors environmental issues have on justice and property and other social problems. Endeavouring create a discourse on what sustainability means in implementation, each of the contributors to this book approaches this via different theoretical viewpoints.

Earth Jurisprudence

Earth Jurisprudence
Author: Peter D. Burdon
Publisher: Routledge
Total Pages: 188
Release: 2014-09-19
Genre: Law
ISBN: 113514415X

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.

Environmental Justice

Environmental Justice
Author: Peter S. Wenz
Publisher: State University of New York Press
Total Pages: 388
Release: 1988-04-07
Genre: Political Science
ISBN: 143842387X

This book explores the philosophical background of questions on environmental justice. It focuses on theories of distributive justice, primarily those which concern the manner in which benefits and burdens should be allocated when there is a scarcity of benefits (relative to people's wants or needs) and a surfeit of burdens. It is one of those rare philosophy books that is at once accessible and sophisticated, as it introduces both philosophers and people interested in environmental studies, law, and economics to germane developments in the philosophical treatment of the question of justice. Since environmental concerns are uniquely global, theories of distributive justice are tested most thoroughly for their comprehensiveness when they are applied to environmental matters. Consequently, most illustrations and applications in this book are drawn from contexts of environmental concerns including property rights, human rights, animal rights, general utility, and hypothetical contracts.

Natural Resources and Environmental Justice

Natural Resources and Environmental Justice
Author: Sonia Graham
Publisher: CSIRO PUBLISHING
Total Pages: 246
Release: 2017-03-01
Genre: Science
ISBN: 148630639X

Environmental management involves making decisions about the governance of natural resources such as water, minerals or land, which are inherently decisions about what is just or fair. Yet, there is little emphasis on justice in environmental management research or practical guidance on how to achieve fairness and equity in environmental governance and public policy. This results in social dilemmas that are significant issues for government, business and community agendas, causing conflict between different community interests. Natural Resources and Environmental Justice provides the first comprehensive, interdisciplinary examination of justice research in Australian environmental management, identifying best practice and current knowledge gaps. With chapters written by experts in environmental and social sciences, law and economics, this book covers topical issues, including coal seam gas, desalination plants, community relations in mining, forestry negotiations, sea-level rise and animal rights. It also proposes a social justice framework and an agenda for future justice research in environmental management. These important environmental issues are covered from an Australian perspective and the book will be of broad use to policy makers, researchers and managers in natural resource management and governance, environmental law, social impact and related fields both in Australia and abroad.

Pollution and Property

Pollution and Property
Author: Daniel H. Cole
Publisher: Cambridge University Press
Total Pages: 234
Release: 2002-07-18
Genre: Law
ISBN: 9780521001090

Environmental protection and resource conservation depend on the imposition of property rights (broadly defined) because in the absence of some property system - private, common, or public - resource degradation and depletion are inevitable. But there is no universal, first-best property regime for environmental protection in this second-best world. Using case studies and examples taken from countries around the world, this 2002 book demonstrates that the choice of ownership institution is contingent upon institutional, technological, and ecological circumstances that determine the differential costs of instituting, implementing, and maintaining alternative regimes. Consequently, environmental protection is likely to be more effective and more efficient in a society that relies on multiple (and often mixed) property regimes. The book concludes with an assessment of the important contemporary issue of 'takings', which arise when different property regimes collide.

Intellectual Property and Clean Energy

Intellectual Property and Clean Energy
Author: Matthew Rimmer
Publisher: Springer
Total Pages: 687
Release: 2018-10-26
Genre: Law
ISBN: 9811321558

This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums – including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders’ rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.

Environmental Justice

Environmental Justice
Author: Kristin Shrader-Frechette
Publisher: Oxford University Press
Total Pages: 284
Release: 2002-09-26
Genre: Philosophy
ISBN: 0199882312

Shrader-Frechette offers a rigorous philosophical discussion of environmental justice. Explaining fundamental ethical concepts such as equality, property rights, procedural justice, free informed consent, intergenerational equity, and just compensation--and then bringing them to bear on real-world social issues--she shows how many of these core concepts have been compromised for a large segment of the global population, including Appalachians, African-Americans, workers in hazardous jobs, and indigenous people in developing nations. She argues that burdens like pollution and resource depletion need to be apportioned more equally, and that there are compelling ethical grounds for remedying our environmental problems. She also argues that those affected by environmental problems must be included in the process of remedying those problems; that all citizens have a duty to engage in activism on behalf of environmental justice; and that in a democracy it is the people, not the government, that are ultimately responsible for fair use of the environment.

Earth Jurisprudence

Earth Jurisprudence
Author: Peter Burdon
Publisher:
Total Pages: 0
Release: 2015
Genre: Law
ISBN: 9780203797013

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.