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Rethinking Environmental Law

Hardback

Rethinking Environmental Law

Why Environmental Laws Should Conform to the Laws of Nature

9781788976022 Edward Elgar Publishing
Jan G. Laitos, Joe T. Juhan Endowed Professorship in Property Rights and Policy and Professor of Law, Sturm College of Law, University of Denver, US
Publication Date: August 2021 ISBN: 978 1 78897 602 2 Extent: c 256 pp
Challenging historic assumptions about human relationships with nature, Jan Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules. It explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed.

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Challenging historic assumptions about human relationships with nature, Jan Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules, highlighting that established approaches to existential threats impacting our natural environment cannot be relied upon.

Calling for a rethinking of how science is best used in environmental law, it explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed. Proposing a new algorithm for the formulation of workable environmental laws, Laitos explores the ways in which these should be linked to the laws of connection, simplicity, economy, and symmetry. This innovative book illustrates examples of this new class of laws, based not on regulations and rules, but on rights and duties.

Rethinking Environmental Law will be an illuminating read for students and scholars of environmental law and policy. Suggesting an alternative role for science in developing environmental policy, it will also be of value to environmental policy makers.
Critical Acclaim
‘Almost everyone who works in environmental and natural resources law acknowledges that some changes are necessary, from the basics of recognizing that that various environmental media–air, water, land–are connected to the thornier issue of how to cope with climate change and the other realities of the Anthropocene. Jan Laitos goes back to first principles to ask how human-created environmental and natural resources law can better align with natural law. He offers a compelling mantra of symmetry, economy, and entanglement to replace our current emphasis on separation. Along the way, he touches on most of the most important currently debated issues in this field of law: the proper role of science in formulating policy; systems thinking; Earth Law; and Rights of Nature before returning again to first principles: every right has an accompanying duty. Rethinking Environmental Law's clear prose and fast pace make it accessible to anyone curious about the issues facing human “management” of the environment in the 21st century, while still offering an argument provocative to seasoned practitioners.’
– Robin Kundis Craig, University of Southern California, US

‘Jan Laitos has been the most intellectually creative, insightful, transdisciplinary, and underappreciated scholar of his generation – the “first-generation” of environmental law scholarship. Rethinking Environmental Law provides a profound reconsideration of how human environmental laws relate (or fail to relate) to the “Laws of Nature,” and offers a blueprint for re-configuring American environmental law that is theoretically well-grounded, yet eminently practical. Scholars in future decades will cite this book as a seminal contribution.’
– Daniel H. Cole, Indiana University, US

This title is available for institutional purchase via Elgaronline.

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