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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.
Table of Contents
Introduction
PART 1: Overview: from environmental to ecological law
1. The transformation of environmental law into ecological law
MASSIMILIANO MONTINI
PART 2: Problems with contemporary law: two illustrative examples
2. The targeting of environmentalists with state-corporate intelligence networks
PETER D. BURDON
3. Ecological jurisprudence beyond Earth: toward an outer space ethic
REED ELIZABETH LODER
PART 3: Solutions in ecological law
4. Ecological law in the Anthropocene
OLIVIA WOOLLEY
5. Restoring land, restoring law: theorizing ecological law with ecological restoration
EMILLE BOULOT
6. Are rights of nature radical enough for ecological law?
GEOFFREY GARVER
7. Ecological jurisprudence and Indigenous relational ontologies: beyond the "ecological Indianö?
KIRSTEN ANKER
8. Conjuring sentient beings and relations in the law: rights of nature and a comparative praxis of legal cosmologies in Latin America
IVÁN DARÍO VARGAS RONCANCIO
9. Needs-based constraints in an ecological law transition
CARLA SBERT
10. The potential of the trusteeship theory for Canadian public law and environmental governance
STÉPHANIE ROY
11. African eco-philosophy on forests: a path worth exploring for the implementation of Earth jurisprudence
NGOZI FINETTE UNUIGBE
PART 4: Challenges in the transition to ecological law
12. Green(ing) legal theory: social logics and their re-formation
MICHAEL M'GONIGLE
13. Lawyers and ecological law
L. KINVIN WROTH
14. Learning sacrifice: legal education in the Anthropocene
NICOLE GRAHAM
15. Tribal ecological knowledge and the transition to ecological law
HILLARY M. HOFFMANN
16. Practical pathways to ecological law: Greenprints and a bioregional, regenerative governance approach for Australia
MICHELLE MALONEY