Recent years have witnessed an increasing interest in the environment and in environmental law, trends which have been reflected in academic work. This reader considers a cross-section of socio-legal work on environmental law, tracing its development over the past twenty years. It includes work from a variety of disciplines, theoretical perspectives and from an international scholarship. It aims to give a taste of the breadth and development of socio-legal approaches to one of the most important regulatory regimes in the western industrialised world the regulation of the environment. The readings encompass various legal approaches to environmental protection, alternatives to the law, and both domestic and supra-national issues. They also consider broader themes such as the interaction of law and science and the effects of criminalizing environmental offences, and indicate areas which future research could usefully address.
Arvustused
Breadth of approach is reflected in the selection of the material... a series of readings which represent the development over 20 years or so of socio-legal analysis of environmental law - this itself being persuasively portrayed by Dr. Hutter in her introductory essay on the issue... this offering from Oxford University Press is a timely and useful bringing together of major socio-legal statements on the law. It deserves its place on academic bokshelves - and certainly on those of postgraduate students keen to broaden their initial doctrinal understanding of the law. * David J. Hughes, Environmental Law Review *
Acknowledgements xi Introduction 1(2) Socio-Legal Perspectives on Environmental Law: An Overview 3(48) Bridget M. Hutter PART I: THEORETICAL APPROACHES Economics and the Environment: A Study of Private Nuisance (Cambridge Law Journal, 36, 284--325) 51(46) A. I. Ogus G. M. Richardson Structural Bias in Regulatory Law Enforcement: The Case of the U.S. Environmental Protection Agency (Social Problems, Vol. 34, no. 4, 330--344) 97(24) Peter C. Yeager PART II: ENVIRONMENTAL LAW AND SCIENCE Holes in the Ozone Layer: A Global Environmental Controversy (Dorothy Nelkin (ed.) Controversy: Politics of Technical Decisions, 3rd edn., London: Sage) 121(21) Michael S. Brown Katherine Lyon Cross-National Differences in Policy Implementation (Evaluation Review, 15, 103--119) 142(19) Sheila Jasanoff PART III: GOVERNMENT REGULATION: IMPLEMENTATION AND IMPACT Compliance Strategy (Environment and Enforcement: Regulation and the Social Definition of Pollution, Oxford: Clarendon Press) 161(28) Keith Hawkins The Political Economy of Environmental Regulation: Towards a Unifying Framework (Public Choice, 65, 21--47) 189(29) Robert W. Hahn Can Social Science Explain Organizational Noncompliance with Environmental Law? (Journal of Social Issues, 45, 109--132) 218(31) Joseph DiMento PART IV: ALTERNATIVE METHODS OF ENVIRONMENTAL REGULATION Regulation and In-Company Environmental Management in the Netherlands (Law and Policy, 15, 75--94) 249(23) Marius Aalders Green Markets: Environmental Regulation by the Private Sector (Law and Policy, 16, 419--448) 272(33) P. N. Grabosky Designing Smart Regulation (abridged from N. Gunningham and P. Grabosky, Smart Regulation: Designing Environmental Policy, Oxford: Oxford University Press) 305(32) Neil Gunningham Duncan Sinclair PART V: INTERNATIONAL ENVIRONMENTAL LAW Sleeping with an Elephant: The American Influence on Canadian Environmental Policy (Journal of Public Policy, 11, 107--32) 337(28) George Hoberg Toward a New Conception of the Environment-Competitiveness Relationship (Journal of Economic Perspectives, 9, 97-118) 365 Michael E. Porter Claas van der Linde
Bridget M. Hutter is Lecturer in Sociology at the London School of Economics and Political Science