The Philosophical Foundations of Environmental Law
Property, Rights and Nature
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Philosophical Foundations of Environmental Law by Sean Coyle
Book DescriptionLegal 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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Book DetailsISBN: 9781841133607
(234mm x 156mm x 11mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 22-Apr-2004
Country of Publication: United Kingdom
Books By Author Sean Coyle
Modern Jurisprudence, Paperback (April 2014)
This book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories and systematic discussion of themes such as legality and justice.
Dimensions of Politics and English Jurisprudence, Hardback (June 2013)
Examines modern politics, justice and order in light of the historical, philosophical and theological forces which helped define them.
Jurisprudence or Legal Science?, Hardback (May 2005)
In a series of new essays the authors attempt to answer important questions about the nature of jurisprudential thinking.
Philosophical Foundations of Environmental Law, Hardback (April 2004)» View all books by Sean Coyle
This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.
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Author Biography - Sean Coyle
Sean Coyle is a Reader in the Faculty of Law at University College London. Karen Morrow is a Senior Lecturer in Law at Leeds University.
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