Regulating from nowhere
Subtitle: environmental law and the search for objectivity
By: Douglas A. Kysar
Publisher: Yale University Press
Published: 2010
Place of publication: New Haven [Conn.]
Language: eng
Number of pages: 314
ISBN-13: 9780300120011
Description: As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we can afford."--Pub. desc.
Notes: Includes bibliographical references and index.
Table of contents: title: Agency and optimality; title: Prescription and precaution; title: Complexity and catastrophe; title: Interests and emergence; title: Other states; title: Other generations; title: Other forms of life; title: Ecological rationality; title: Environmental constitutionalism.