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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
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The Philosophical Foundations of Environmental Law - Property, Rights and Nature (Paperback)
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The Philosophical Foundations of Environmental Law - Property, Rights and Nature (Paperback)
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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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