Update cookies preferences

E-book: Should Trees Have Standing?: Law, Morality, and the Environment

4.05/5 (261 ratings by Goodreads)
(J. Thomas McCarthy Trustee Chair in Law, University of Southern California School of Law)
  • Format: EPUB+DRM
  • Pub. Date: 07-Apr-2010
  • Publisher: Oxford University Press Inc
  • Language: eng
  • ISBN-13: 9780199779949
Other books in subject:
  • Format - EPUB+DRM
  • Price: 29,63 €*
  • * the price is final i.e. no additional discount will apply
  • Add to basket
  • Add to Wishlist
  • This ebook is for personal use only. E-Books are non-refundable.
Should Trees Have Standing?: Law, Morality, and the EnvironmentLarger Image
  • Format: EPUB+DRM
  • Pub. Date: 07-Apr-2010
  • Publisher: Oxford University Press Inc
  • Language: eng
  • ISBN-13: 9780199779949
Other books in subject:

DRM restrictions

  • Copying (copy/paste):

    not allowed

  • Printing:

    not allowed

  • Usage:

    Digital Rights Management (DRM)
    The publisher has supplied this book in encrypted form, which means that you need to install free software in order to unlock and read it.  To read this e-book you have to create Adobe ID More info here. Ebook can be read and downloaded up to 6 devices (single user with the same Adobe ID).

    Required software
    To read this ebook on a mobile device (phone or tablet) you'll need to install this free app: PocketBook Reader (iOS / Android)

    To download and read this eBook on a PC or Mac you need Adobe Digital Editions (This is a free app specially developed for eBooks. It's not the same as Adobe Reader, which you probably already have on your computer.)

    You can't read this ebook with Amazon Kindle

"In this collection of essays, the author argues that natural objects, such as trees, should have legal rights through the appointment of guardians designated to protect them. It covers such areas as : agriculture and the environment ; can the oceans be harbored ; establishing a guardian for future generations ; reflections on sustainable development ; how to heal the planet ; environmentalism, is it dead --By the publisher."

"In this collection of essays, the author argues that natural objects, such as trees, should have legal rights through the appointment of guardians designated to protect them. It covers such areas as: agriculture and the environment; can the oceans be harbored; establishing a guardian for future generations; reflections on sustainable development; how to heal the planet; environmentalism, is it dead --by the publisher."

Previous edition (1996) has sub-title : "and other essays on law, morals, and the environment" ; first edition (1974) has subtitle : "towards legal rights for natural objects."

Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

Reviews

"Christopher Stone's book reflects a truly original contribution to the environmental law movement. Stone's unique idea about nature and natural objects-that perhaps they should have their own rights-is now ripe to be considered seriously by policymakers. As Stone suggested decades ago, and expands upon in his new book, the time has finally come to move from an anthropocentric to an eco-centric view of the environment." -Jan G. Laitos, John A. Carver, Jr. Professor of Law University of Denver Sturm College of Law "The third edition of this book of essays demonstrates that Christopher Stone's ideas are as challenging, as eye-opening, and as thought expanding as they were when he first penned his landmark work. Clearly written and cogently argued, Stone's writing succeeds in being simultaneously provocative and persuasive." -John S. Applegate, Walter W. Foskett Professor of Law, Indiana University Maurer School of Law "The publication of Christopher D. Stone's new essay collection, Should Trees Have Standing?, could not be more timely...To his credit, Stone does not shy away from these morally and legally troublesome issues. He confronts them head-on, often at length, and even takes his best stab at resolving some of them. Although this book does not provide all the answers (nor could it), it does give the reader plenty to ponder..." --California Lawyer

Introduction xi
CHAPTER
1. SHOULD TREES HAVE STANDING?: TOWARD LEGAL RIGHTS FOR NATURAL OBJECTS		 1
I. Introduction: The Unthinkable
1
II. Toward Rights for the Environment
3
III. The Legal-Operational Aspects
4
(1) What It Means to Be a Holder of Legal Rights
4
(2) The Rightlessness of Natural Objects at Common Law
5
(3) Toward Having Standing in Its Own Right
8
(4) Toward Recognition of Its Own Injuries
13
(5) Toward Being a Beneficiary in Its Own Right
16
(6) Toward Rights in Substance
17
(7) Do We Really Have to Put It That Way?
22
IV. The Psychic and Socio-Psychic Aspects
23
CHAPTER
2. DOES THE CLIMATE HAVE STANDING?		 33
I. The Climate as Client
33
II. The Law of Standing: An Overview
35
(1) Duty Owing and Zone of Interests
37
(2) Injury in Fact
38
(3) Causation
42
(4) Redressability
43
III. Standing to Force Disclosures
44
IV. Standing's Many Fronts
49
(1) Ordinary Standing for "Ordinary" Economic Injury
50
(2) Rights-Based Claims
51
(3) Executive Standing in International Affairs
53
(4) Citizens' Standing to Force the Executive's Hand in Foreign Affairs
54
(5) Citizens' Standing to Force the Executive's Hand in Domestic Affairs
55
(6) Standing by a Designated Trustee
57
(7) Citizens' Standing to Force the Trustee's Hand
57
(8) Citizens' Standing without Statutory Basis (Public Trust Doctrine)
59
(9) Standing of Noncitizens
60
V. Suits in the Name of Natural Objects
61
(1) Existing Law
61
(2) Could Standing for Nonhuman Be Expanded?
62
(3) Would Expanded Standing in the Name of Nonhuman Make Any Difference?
64
(4) Filing Suits on Behalf of Nature Is a Better Fit with the Real Grievances
65
(5) Suits on Behalf of Nature Are Better Suited to Moral Development
65
(6) Is Legal Representation on Behalf of Animals and Nature Really Feasible?
66
(7) The Advantages of Special, Statutorily Provided Guardians and Trustees
66
(8) The Guardian Approach May Be Superior to the Alternative Standing Strategies from the Perspective of Subsequent Preclusion Doctrines
68
(9) Advance Warning: The "Canary in the Mine" Rationale
68
(10) Protecting Third-Party Interests in Negotiations and Settlements
69
VI. So, Where Do We Stand on Climate Change?
70
(1) Why Has Progress Seemed So Slow?
70
(2) What Role Could Climate-Related Litigation Play?
74
CHAPTER
3. AGRICULTURE AND THE ENVIRONMENT: CHALLENGES FOR THE NEW MILLENNIUM		 79
I. Background
79
(1) The Historical Impact of Agriculture
79
(2) Aquaculture
80
II. The Challenges
81
(1) Feeding Humanity
81
(2) Making Farmland Sustainable
82
(3) Reducing Agriculture's Environmentally Damaging Spillover Effects
82
(4) Tempering Conscription of the Nonagricultural Landscape
82
(5) The Promises and Threats of Technology
83
III. Some Proposed Responses
84
(1) Sustaining Farmland
84
(2) Off-Farm Damage
85
(3) Reducing Pressure to Conscript the Nonagricultural Landscape
85
(4) Responding to Technological Innovation
87
(5) Conclusion
88
CHAPTER
4. CAN THE OCEANS BE HARBORED?		 89
I. A Four-Step Plan for the Twenty-First Century
89
(I) The Fishing Sector
89
(a) The Fundamental Model: What Is Going Wrong?
90
(b) Step 1: Eliminate or Reduce Harvest-Increasing Subsidies
92
(c) Step 2: Improve and Extend Resource Management
93
(d) Step 3: Charge for Use
93
(e) Step 4: An Oceanic Trust Fund
95
II. Nonfishing Extraction Sectors
96
III. Ocean Inputs
97
IV. A Guardian for the Oceans
100
V. Conclusion
101
CHAPTER
5. SHOULD WE ESTABLISH A GUARDIAN FOR FUTURE GENERATIONS?		 103
I. Background: The Maltese Proposal
103
(1) Are Future Persons Really Voiceless?
103
(2) For Whom (or What) Should a Guardian Speak?
104
(3) Are the Moral Arguments Disparaging the Rights of Future Generations Critical to the Guardianship Proposal?
105
(4) Which "Future Generation" Is the Guardian's Principal?
106
(5) Who Should Serve as Guardian?
106
(6) Where Should a Guardian Be Situated?
107
(7) What Official Functions Should the Guardian Serve?
108
(8) What Should Be the Guardian's Objectives?
109
(a) Resource-Regarding Standards
109
(b) Utility-Regarding Standards
110
(c) Efficient Level of Harm and Harm-Avoidance
110
(d) Precaution Against Selected Calamities and Safeguarding Specific Assets
111
(e) Avoiding "Irreversible Harm"
112
II. Conclusion
112
CHAPTER
6. REFLECTIONS ON "SUSTAINABLE DEVELOPMENT"		 115
I. The Underlying Geopolitical Strains
116
II. What Are Our Obligations to the Future?
117
(1) Sustainable Development as a Welfare-Transfer Constraint
118
(2) Sustainable Development as Preservationism
121
(3) The Rights of the Living
123
CHAPTER
7. HOW TO HEAL THE PLANET		 125
I. Introduction
125
(1) Invasion of Territories
128
(2) Who Is Responsible?
129
(3) A Voice for the Environment Global Commons Guardians
130
(4) A Case for Seals
132
(5) Financing the Repair: The Global Commons Trust Fund
134
(6) Implementing a Global Commons Trust Fund
134
(7) The Oceans
135
(8) The Atmosphere
135
(9) Space
135
(10) Biodiversity
136
(11) Areas in Need of the Global Commons Trust Fund
137
II. Conclusion
138
CHAPTER
8. IS ENVIRONMENTALISM DEAD?		 141
I. Introduction
141
II. What Movement, Exactly, Is Faltering, and What Should Our Expectations Be?
143
III. Indicators of Success and Failure
144
(1) Indices of Public Knowledge: Environmental Literacy
145
(2) Indices of Attitudes and Preferences
146
(3) Indices of Willingness to Contribute to Environmental Groups
147
(4) Indices of Environmentally-Sensitized Individual Action
147
(5) Indices of Influence on lawmaking
149
(6) Public Sector Funding
151
(7) Litigation
151
(8) Indices of Miscellaneous Actions
152
(9) Actual (Direct) Indicators of Environmental Health
152
(10) Efficient Pollution
153
IV. Self-Presentation
154
(1) Alarmism
155
(2) Image
155
V. Conclusion
156
Epilogue 159
Notes 177
Index 237
Christopher D. Stone is J. Thomas McCarthy Trustee Chair in Law at the University of Southern California School of Law. A leading advocate for the environment, he has written for Harper's, The New York Times, The Nation, Boston Globe, and Los Angeles Times.
More information about ebooks More information about ebooks
Permanent link: https://www.kriso.ee/db/97801997799496e.html
Keywords: