From Environmental to Ecological Law

A synopsis of the bookThe path aheadReferencesOverview: from environmental to ecological lawThe transformation of environmental law into ecological lawIntroduction: the ecological crisis and the responsibility to actThe role of environmental law and its double failureHow to address the ecological crisis: promoting the transformation of environmental law into ecological lawEnvisioning the transformation of environmental law into ecological lawConclusionReferencesProblems with contemporary law: two illustrative examplesThe targeting of environmentalists with state-corporate intelligence networksNeoliberal rationality: constructing protesters as terroristsCanadaAustraliaIn defense of public thingsConclusionNotesReferencesEcological jurisprudence beyond Earth: toward an outer space ethicIntroductionWhy the race to exploit space?Compatibility with the Outer Space Treaty of 1967Ecological jurisprudence and risks of off-Earth propertyExpanding “Earth” jurisprudence off-EarthEnvironmental ethics beyond EarthLife and non-lifeLast person “vandals”Stranger ethicsMaking ecological ethics cosmicNoteReferencesSolutions in ecological lawEcological law in the AnthropoceneIntroductionThe unchanged human/ecosystem relationshipWarning signsReappraising ecological lawChanges to the human ecosystem relationship in the AnthropoceneWhat does the Anthropocene mean for ecological law?ConclusionNoteReferencesRestoring land, restoring law: theorizing ecological law with ecological restorationIntroductionRestoring land, restoring cultureFrom liberal environmental law to ecological lawChallenging the preconditions of an anthropocentric legal traditionTheorizing with ecological restoration for the construction of ecological lawThe restoration of place-based governanceDeveloping epistemic pluralism in the governance of ecological systemsThe governance of complex adaptive socio-ecological systemsThe restoration of lawConclusionNoteReferencesAre rights of nature radical enough for ecological law?IntroductionAn overview of the case for rights of natureThe problem with rights-based frameworks and giving legal personhood to natureGiving naturehood to people in lawConclusion: a transitional role for rights of natureNoteReferencesEcological jurisprudence and Indigenous relational ontologies: beyond the “ecological Indian”?IntroductionPoints of synergy between ecological jurisprudence and Indigenous relational ontologiesThe problem with the “ecological Indian”Lessons for ecological lawConclusionNoteReferencesConjuring sentient beings and relations in the law: rights of nature and a comparative praxis of legal cosmologies in Latin AmericaIntroductionRelational ontologies in legal thoughtLaw as meshworkRights of nature and ontologies of separationThe challenges: diffuse nature, collision of cosmologies, discreteness and human mediationReweaving the legal fabric: a tectonic methodology to encounter RON in lifeReading RON as text and as teksComparing propositions: what do we make of this analysis?Pre-analytical assumptionsSelecting the propositionCriteria of comparisonDeterminingfluid outcomes of comparison and possible questions for practical scenarios of adjudicationConclusion: healing socio-ecological relations through the lawNotesReferencesNeeds-based constraints in an ecological law transitionIntroductionNeeds, ecological law and degrowthWhat are human needs?Examples of needs in existing lawsToward an ecological law needs-based constraints approachConclusionNotesReferencesThe potential of the trusteeship theory for Canadian public law and environmental governanceIntroductionTrusteeship theoryFoundational principlesThe public trust doctrineRoom for improvementTrusteeship 2.0Toward clearer dutiesand a more encompassing corpus of the trustAn overarching ethical frameworkThe compatibility of Canadian public law with fiduciary principlesThe environment, accountability and public interestLoyalty and analogous duties of fairness and reasonablenessConclusionNotesReferencesAfrican eco-philosophy on forests: a path worth exploring for the implementation of Earth jurisprudenceIntroductionThe trajectory of African eco-philosophyAfrican taboos as ecological guardiansWhy forests matter in African traditional thoughtAfrican traditional thought on forests and Earth jur isprudenceConclusionNoteReferencesChallenges in the transition to ecological lawGreen(ing) legal theory: social logics and their re-formationUnthinking liberal lawCrits, enviros and the hegemony of lawNeoliberals, Greens and the pursuit of re-formationHegemony and historical possibilityPerformative ontology; re-formative animationsEcosystem revolutionNotesReferencesLawyers and ecological lawIntroductionLitigationLegislation and planningThe Coastal Zone Management ActPlanningScholarship and teachingScholarshipTeachingConclusionNotesReferencesLearning sacrifice: legal education in the AnthropoceneIntroductionThe Anthropocene: metrics aud narrativeMetricsNarrativeThe role of law and legal education in the AnthropoceneLegal researchLegal educationConclusionReferencesIndigenous ecological knowledge and the transition to ecological law in the United StatesIntroductionHistorical foundations—colonization and the suppression of Indigenous peoples in the USIndigenous ecological knowledge and the dawn of environmental lawIslands of hope—the Bears Ears Coalition tribes and a different approach to creating off-reservation legal rights to use tribal ecological knowledgeConclusion—the path forwardNotesReferencesPractical pathways to ecological law: Greenprints and a bioregional, regenerative governance approach for AustraliaIntroductionEcological lawAn ecological law critique of the Australian legal systemAustralia’s environmental governanceThe Greenprints approachTheoretical framework—Earth jurisprudence and ecological limitsGreenprints as a practical pathwayThe Greenprints approach summarizedConclusionReferences
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