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This book increases the visibility, clarity and understanding of
ecological law. Ecological law is emerging as a field of law
founded on systems thinking and the need to integrate ecological
limits, such as planetary boundaries, into law. Presenting new
thinking in the field, this book focuses on problem areas of
contemporary law including environmental law, property law, trusts,
legal theory and First Nations law and explains how ecological law
provides solutions. Written by ecological law experts, it does this
by 1) providing an overview of shortcomings of environmental law
and other areas of contemporary law, 2) presenting specific
examples of these shortcomings, 3) explaining what ecological law
is and how it provides solutions to the shortcomings of
contemporary law, and 4) showing how society can overcome some key
challenges in the transition to ecological law. Drawing on a
diverse range of case study examples including Indigenous law,
ecological restoration and mining, this volume will be of great
interest to students, scholars and policymakers of environmental
and ecological law and governance, political science, environmental
ethics and ecological and degrowth economics.
Containing an in-depth study of the emerging theory and core
concepts of ecological law, this book insightfully proposes a 'lens
of ecological law' through which the disparity between current laws
and ecological law can be assessed. The lens consists of three
principles: ecocentrism, ecological primacy and ecological justice.
These principles are used within the book to explore and analyse
the challenges and opportunities related to the transition to
ecological law and to examine three key mining case studies. This
thought-provoking book argues that ecological law should develop a
needs-based approach to mining coupled with an ecological integrity
standard in support of the effort to build a convivial and
ecologically just society. This book's innovative approach treats
ecological law as an emerging discipline by summarizing and
discussing key aspects of its theory, including its foundations in
science and critiques of economic growth; the core ideas from its
foundational scholars; how to define it; and how it relates to
Indigenous legal traditions and green legal theory. The Lens of
Ecological Law will appeal to scholars and students in the fields
of environmental and ecological law, sustainability and natural
resources, whilst also being of interest to readers concerned with
extractivism.
This book increases the visibility, clarity and understanding of
ecological law. Ecological law is emerging as a field of law
founded on systems thinking and the need to integrate ecological
limits, such as planetary boundaries, into law. Presenting new
thinking in the field, this book focuses on problem areas of
contemporary law including environmental law, property law, trusts,
legal theory and First Nations law and explains how ecological law
provides solutions. Written by ecological law experts, it does this
by 1) providing an overview of shortcomings of environmental law
and other areas of contemporary law, 2) presenting specific
examples of these shortcomings, 3) explaining what ecological law
is and how it provides solutions to the shortcomings of
contemporary law, and 4) showing how society can overcome some key
challenges in the transition to ecological law. Drawing on a
diverse range of case study examples including Indigenous law,
ecological restoration and mining, this volume will be of great
interest to students, scholars and policymakers of environmental
and ecological law and governance, political science, environmental
ethics and ecological and degrowth economics.
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