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Fifty years after the famous essay “The Problem of Social Cost” (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it “meets the needs of the present without compromising the ability of future generations to meet their own needs”. A key requirement of sustainable development is justice to future generations. It is still a matter of fact that the law as well as the theories of justice are generally restricted to the resolution of conflicts between contemporaries and between people living in the same country. This in turn raises a number of questions: what is the philosophical justification for intergenerational justice? What bearing does sustainability have on the efficiency principle? How do we put a policy of sustainability into practice, and what is the role of the law in doing so? The present volume is devoted to these questions. In Part One, “Law and Economics”, the role of economic analysis and efficiency in law is examined more closely. Part Two, “Law and Sustainability”, engages with the themes of sustainable development and justice to future generations. Finally, Part Three, “Law, Economics and Sustainability”, addresses the interrelationships between the different aspects.
Environmental activists and academics alike are realizing that a sustainable society must be a just one. Environmental degradation is almost always linked to questions of human equality and quality of life. Throughout the world, those segments of the population that have the least political power and are the most marginalized are selectively victimized by environmental crises. This book argues that social and environmental justice within and between nations should be an integral part of the policies and agreements that promote sustainable development. The book addresses the links between environmental quality and human equality and between sustainability and environmental justice.
This highly accessible book provides an extensive and comprehensive overview of current research and theory about why and how we should protect future generations. It exposes how and why the interests of people today and those of future generations are often in conflict and what can be done. It rebuts critical concepts such as Parfits' non-identity paradox and Beckerman's denial of any possibility of intergenerational justice. The core of the book is the lucid application of a veil of ignorance to derive principles of intergenerational justice which show that our duties to posterity are stronger than is often supposed. Tremmel's approach demands that each generation both consider and improve the well-being of future generations. To measure the well-being of future generations Tremmel employs the Human Development Index rather than the metrics of utilitarian subjective happiness. The book thus answers in detailed, concrete terms the two most important questions of every theory of intergenerational justice: what to sustain? and how much to sustain?
The first comprehensive philosophical examination of our duties to future generations, Dr de-Shalit argues that they are a matter of justice, not charity or supererogation.
In this book Professor Weiss combines thorough research and careful analysis with imaginative solutions and a moral fervour, to show how rules of international law can be applied in an intertemporal dimension, and how the basic principles of the intergenerational equity can be developed to provide new standards for human behaviour. She manages to communicate to the reader not only that the situation is getting desperate but also that human intelligence can in time devise adequate remedies, without destroying completely our way of life.
This book discusses imaginary future generations and how current decision-making will influence those future generations. Markets and democracies focus on the present and therefore tend to make us forget that we are living in the present, with ancestors preceding and descendants succeeding us. Markets are excellent devices to equate supply and demand in the short term, but not for allocating resources between current and future generations, since future generations do not exist yet. Democracy is also not “applicable” for future generations, since citizens vote for candidates who will serve members of their, i.e., the current, generation. In order to overcome these shortcomings, the authors discusses imaginary future generations and future ministries in the context of current decision-making in fields such as the environment, urban management, forestry, water management, and finance. The idea of imaginary future generations comes from the Native American Iroquois, who had strong norms that compelled them to incorporate the interests of people seven generations ahead when making decisions.
A critical resource for approaching sustainability across the disciplines Sustainability and social justice remain elusive even though each is unattainable without the other. Across the industrialized West and the Global South, unsustainable practices and social inequities exacerbate one another. How do social justice and sustainability connect? What does sustainability mean and, most importantly, how can we achieve it with justice? This volume tackles these questions, placing social justice and interdisciplinary approaches at the center of efforts for a more sustainable world. Contributors present empirical case studies that illustrate how sustainability can take place without contributing to social inequality. From indigenous land rights, climate conflict, militarization and urban drought resilience, the book offers examples of ways in which sustainability and social justice strengthen one another. Through an understanding of history, diverse cultural traditions, and complexity in relation to race, class, and gender, this volume demonstrates ways in which sustainability can help to shape better and more robust solutions to the world’s most pressing problems. Blending methods from the humanities, environmental sciences and the humanistic social sciences, this book offers an essential guide for the next generation of global citizens.
This book is open access under a CC BY 4.0 license. We must find new and innovative ways of conceptualizing transboundary energy issues, of embedding concerns of ethics or justice into energy policy, and of operationalizing response to them. This book stems from the emergent gap; the need for comparative approaches to energy justice, and for those that consider ethical traditions that go beyond the classical Western approach. This edited volume unites the fields of energy justice and comparative philosophy to provide an overarching global perspective and approach to applying energy ethics. We contribute to this purpose in four sections: setting the scene, practice, applying theory to practice, and theoretical approaches. Through the chapters featured in the volume, we position the book as one that contributes to energy justice scholarship across borders of nations, borders of ways of thinking and borders of disciplines. The outcome will be of interest to undergraduate and graduate students studying energy justice, ethics and environment, as well as energy scholars, policy makers, and energy analysts.
Identifies the common vulnerabilities of the voiceless and demonstrates how the law can evolve to protect their interests more effectively.
Intergenerational Equity: Environmental and Cultural Concerns tackles intergenerational equity from various perspectives with a view to understanding what is fair and/or just within and among generations.