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Main Title Regulating from nowhere : environmental law and the search for Objectivity /
Author Kysar, Douglas A.
Publisher Yale University Press,
Year Published 2010
OCLC Number 449853609
ISBN 9780300120011; 030012001X
Subjects Environmental law--Philosophy ; Environmental law--United States
Holdings
Library Call Number Additional Info Location Last
Modified
Checkout
Status
EIAM  K3585.K97 2010 Region 2 Library/New York,NY 01/31/2011
ERAM  K3585 .K97 2010 Region 9 Library/San Francisco,CA 06/01/2011
Collation xii, 314 pages : illustrations ; 24 cm
Notes
Includes bibliographical references and index.
Contents Notes
Agency and optimality -- Prescription and precaution -- Complexity and catastrophe -- Interests and emergence -- Other states -- Other generations -- Other forms of life -- Ecological rationality -- Environmental constitutionalism. 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.