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Offers psychological insights into how people perceive, respond to, value, and make decisions about the environment Environmental law may seem a strange space to seek insights from psychology. Psychology, after all, seeks to illuminate the interior of the human mind, while environmental law is fundamentally concerned with the exterior surroundings—the environment—in which people live. Yet psychology is a crucial, undervalued factor in how laws shape people’s interactions with the environment. Psychology can offer environmental law a rich, empirically informed account of why, when, and how people act in ways that affect the environment—which can then be used to more effectively pursue specific policy goals. When environmental law fails to incorporate insights from psychology, it risks misunderstanding and mispredicting human behaviors that may injure or otherwise affect the environment, and misprescribing legal tools to shape or mitigate those behaviors. The Psychology of Environmental Law provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account.
Offers psychological insights into how people perceive, respond to, value, and make decisions about the environment Environmental law may seem a strange space to seek insights from psychology. Psychology, after all, seeks to illuminate the interior of the human mind, while environmental law is fundamentally concerned with the exterior surroundings—the environment—in which people live. Yet psychology is a crucial, undervalued factor in how laws shape people’s interactions with the environment. Psychology can offer environmental law a rich, empirically informed account of why, when, and how people act in ways that affect the environment—which can then be used to more effectively pursue specific policy goals. When environmental law fails to incorporate insights from psychology, it risks misunderstanding and mispredicting human behaviors that may injure or otherwise affect the environment, and misprescribing legal tools to shape or mitigate those behaviors. The Psychology of Environmental Law provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account.
Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we "can" afford.
Offers psychological insights into how people perceive, respond to, value, and make decisions about the environment Environmental law may seem a strange space to seek insights from psychology. Psychology, after all, seeks to illuminate the interior of the human mind, while environmental law is fundamentally concerned with the exterior surroundings—the environment—in which people live. Yet psychology is a crucial, undervalued factor in how laws shape people’s interactions with the environment. Psychology can offer environmental law a rich, empirically informed account of why, when, and how people act in ways that affect the environment—which can then be used to more effectively pursue specific policy goals. When environmental law fails to incorporate insights from psychology, it risks misunderstanding and mispredicting human behaviors that may injure or otherwise affect the environment, and misprescribing legal tools to shape or mitigate those behaviors. The Psychology of Environmental Law provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account.
Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include summaries of key concepts, discussion questions, and a glossary of terms, as well as informative "spotlights"—brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.
Environmental law is the law concerned with environmental problems. It is a vast area of law that operates from the local to the global, involving a range of different legal and regulatory techniques. In theory, environmental protection is a no brainer. Few people would actively argue for pollution or environmental destruction. Ensuring a clean environment is ethically desirable, and also sensible from a purely self-interested perspective. Yet, in practice, environmental law is a messy and complex business fraught with conflict. Whilst environmental law is often characterized in overly simplistic terms, with a law being seen as be a magic wand that solves an environmental problem, the reality is that creating and maintaining a body of laws to address and avoid problems is not easy, and involves legislators, courts, regulators and communities. This Very Short Introduction provides an overview of the main features of environmental law, and discusses how environmental law deals with multiple interests, socio-political conflicts, and the limits of knowledge about the environment. Showing how interdependent societies across the world have developed robust and legitimate bodies of law to address environmental problems, Elizabeth Fisher discusses some of the major issues involved in environmental law's: nation statehood, power, the reframing role of law, the need to ensure real environmental improvements, and environmental justice. As Fisher explains, environmental law is, and will always be, necessary but inherently controversial. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Written by two internationally respected scholars, this unique primer distills European Union environmental law and policy into a practical guide for a nonlegal audience, as well as for lawyers trained in other jurisdictions. The first part explains the basics of the European legal system, including key actors, types of laws, and regulatory instruments. The second part describes the EU’s overarching legal strategies for environmental management and delves into how the EU addresses the specific environmental issues of pollution, ecosystem management, and climate change. Chapters include summaries of key concepts and discussion questions, as well as informative "spotlights" offering brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to EU Environmental Law provides a long-overdue synthetic resource on EU environmental law for students and for anyone working in environmental policy or environmental science.
First handbook to integrate environmental psychology and conservation psychology.
Environmental law has aesthetic dimensions. Aesthetic values have shaped the making of environmental law, and in turn such law governs many of our nature-based sensory experiences. Aesthetics is also integral to understanding the very fabric of environmental law, in its institutions, procedures and discourses. The Art of Environmental Law, the first book of its kind, brings new insights into the importance of aesthetic issues in a variety of domains of environmental governance around the world, from climate change to biodiversity conservation. It also argues for aesthetics, and relatedly the arts, to be taken more seriously in the practice of environmental law so as to improve our emotional and ethical capacities to address the upheavals of the Anthropocene.
Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.