The Philosophical Foundations of Environmental Law: Property, Rights and NatureHart Publishing, 2004 - 228 من الصفحات Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Treated as such,'environmental law' refers not to a body of distinctive juristic ideas (such as one might find in contract law or tort) but to a body of black-letter rules out of which a distinct jurisprudence might grow. This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of surprising antiquity and considerable sophistication. Environmental law, it is argued, is underpinned by a series of tenets concerning the relationship of human beings to the natural world, through the acquisition and use of property. By tracing these ideas to their roots in the political philosophy of the seventeenth century, and their reception into the early law of nuisance, this book seeks to overturn the perception that environmental law's philosophical significance is confined to questions about the extent to which a state should pursue collective well-being and public health through deliberate manipulation and restriction of private property rights. Through a close re-examination of both early and modern statutes and cases, this book concludes that, far from being intelligible in exclusively instrumental terms, environmental law must be understood as the product of sustained reflection upon fundamental moral questions concerning the relationship between property, rights and nature. |
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عبارات ومصطلحات مألوفة
action Alkali Act Alkali Act 1863 approach articulated assumptions authority Bentham Blackstone Blackstone's claims collective interests common law conception of property concern context courts damage DIBP distinction doctrinal dominium duty emerge emphasised entitlements environment Environment Act 1995 environmental law environmental protection erty freedom Grotian Grotius Hobbes Hobbesian Ibid idea individual rights industrial injunction interference interpersonal intrinsic issues justice Kyoto Protocol labour land law of nature law of nuisance lawyers legal positivism legislation liberty limited Locke London man’s moral values natural environment natural law natural rights theorists negative liberty notion obligation ownership Oxford particular philosophical plaintiff political pollution control positivist possession principles private law private property private rights problems property rights public health public interest Pufendorf realm reason regarded regime regulation regulatory relationship rights to property Rylands v Fletcher seventeenth century significance social society statutory sustainable development theory thought tion traditional Treatises use-right utilitarian utility