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From Environmental to Ecological Law

A synopsis of the book The path ahead References Overview: from environmental to ecological law The transformation of environmental law into ecological law Introduction: the ecological crisis and the responsibility to act The role of environmental law and its double failure How to address the ecological crisis: promoting the transformation of environmental law into ecological law Envisioning the transformation of environmental law into ecological law Conclusion References Problems with contemporary law: two illustrative examples The targeting of environmentalists with state-corporate intelligence networks Neoliberal rationality: constructing protesters as terrorists Canada Australia In defense of public things Conclusion Notes References Ecological jurisprudence beyond Earth: toward an outer space ethic Introduction Why the race to exploit space?Compatibility with the Outer Space Treaty of 1967 Ecological jurisprudence and risks of off-Earth property Expanding “Earth” jurisprudence off-Earth Environmental ethics beyond Earth Life and non-life Last person “vandals”Stranger ethics Making ecological ethics cosmic Note References Solutions in ecological law Ecological law in the Anthropocene Introduction The unchanged human/ecosystem relationship Warning signs Reappraising ecological law Changes to the human ecosystem relationship in the Anthropocene What does the Anthropocene mean for ecological law?Conclusion Note References Restoring land, restoring law: theorizing ecological law with ecological restoration Introduction Restoring land, restoring culture From liberal environmental law to ecological law Challenging the preconditions of an anthropocentric legal tradition Theorizing with ecological restoration for the construction of ecological law The restoration of place-based governance Developing epistemic pluralism in the governance of ecological systems The governance of complex adaptive socio-ecological systems The restoration of law Conclusion Note References Are rights of nature radical enough for ecological law?Introduction An overview of the case for rights of nature The problem with rights-based frameworks and giving legal personhood to nature Giving naturehood to people in law Conclusion: a transitional role for rights of nature Note References Ecological jurisprudence and Indigenous relational ontologies: beyond the “ecological Indian”?Introduction Points of synergy between ecological jurisprudence and Indigenous relational ontologies The problem with the “ecological Indian”Lessons for ecological law Conclusion Note References Conjuring sentient beings and relations in the law: rights of nature and a comparative praxis of legal cosmologies in Latin America Introduction Relational ontologies in legal thought Law as meshwork Rights of nature and ontologies of separation The challenges: diffuse nature, collision of cosmologies, discreteness and human mediation Reweaving the legal fabric: a tectonic methodology to encounter RON in life Reading RON as text and as teks Comparing propositions: what do we make of this analysis?Pre-analytical assumptions Selecting the proposition Criteria of comparison Determiningfluid outcomes of comparison and possible questions for practical scenarios of adjudication Conclusion: healing socio-ecological relations through the law Notes References Needs-based constraints in an ecological law transition Introduction Needs, ecological law and degrowth What are human needs?Examples of needs in existing laws Toward an ecological law needs-based constraints approach Conclusion Notes References The potential of the trusteeship theory for Canadian public law and environmental governance Introduction Trusteeship theory Foundational principles The public trust doctrine Room for improvement Trusteeship 2.0 Toward clearer duties and a more encompassing corpus of the trust An overarching ethical framework The compatibility of Canadian public law with fiduciary principles The environment, accountability and public interest Loyalty and analogous duties of fairness and reasonableness Conclusion Notes References African eco-philosophy on forests: a path worth exploring for the implementation of Earth jurisprudence Introduction The trajectory of African eco-philosophy African taboos as ecological guardians Why forests matter in African traditional thought African traditional thought on forests and Earth jur isprudence Conclusion Note References Challenges in the transition to ecological law Green(ing) legal theory: social logics and their re-formation Unthinking liberal law Crits, enviros and the hegemony of law Neoliberals, Greens and the pursuit of re-formation Hegemony and historical possibility Performative ontology; re-formative animations Ecosystem revolution Notes References Lawyers and ecological law Introduction Litigation Legislation and planning The Coastal Zone Management Act Planning Scholarship and teaching Scholarship Teaching Conclusion Notes References Learning sacrifice: legal education in the Anthropocene Introduction The Anthropocene: metrics aud narrative Metrics Narrative The role of law and legal education in the Anthropocene Legal research Legal education Conclusion References Indigenous ecological knowledge and the transition to ecological law in the United States Introduction Historical foundations—colonization and the suppression of Indigenous peoples in the US Indigenous ecological knowledge and the dawn of environmental law Islands of hope—the Bears Ears Coalition tribes and a different approach to creating off-reservation legal rights to use tribal ecological knowledge Conclusion—the path forward Notes References Practical pathways to ecological law: Greenprints and a bioregional, regenerative governance approach for Australia Introduction Ecological law An ecological law critique of the Australian legal system Australia’s environmental governance The Greenprints approach Theoretical framework—Earth jurisprudence and ecological limits Greenprints as a practical pathway The Greenprints approach summarized Conclusion References

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