The author will investigate and analyse the topic under consideration by using observations from earth sciences, socio-legal studies, socio-economics and critical legal theories. And blend textual, and intentionalist approach to discuss the possibility of criminalizing extensive environmental degradation.
The central idea here is to use scientific evidences and frameworks, such as planetary boundaries and others, to first establish, reasonably if not conclusively, that changes in the natural systems are directly imputable to man-made activities. That environmental degradation, without being alarmist, has reached such a proportion that it’s no longer feasible to brush the issue under the carpet. That a robust scientific proof validates the institution of the robust international legal framework, and affords much needed scientific benchmark for an action.
Insights from legal theories are particularly useful since they provide a legal basis, alias foundation, for constructing a stringent and holistic mechanism. It is a well-accepted reality that the role of science in law-making is pivotal in order to formulate a responsive and reflective legal provision. Building upon scientific evidences, hence, these legal arguments further gather force and liveliness .In this context, using the templates and thoughts from green criminology, public-international law’, wild-life law, jurisprudence, Human Rights, International environmental law, (treaties, national law and Customary law)as
The purpose of this piece is to draw awareness to the many contradictions relating environmental justice movements and to create a society more conscious of decisions by considering consequences.
In “The Changing Nature of Nature: Environmental Politics in the Anthropocene” environmental politician Paul Wapner depicts the human impacts on nature, and their significant intervention in ecosystem dynamics. His research outlines the “end of nature” (Wapner, 37) and aims to put emphasis on the beginning of the Anthropocene, suggesting that we are finally realizing that nature is not merely a material object. With this in mind, Wapner argues that the ways in which we protect nature should be significantly different, this, justifying his study. In order to form an argument, Wapner begins by summarizing a general piece of academic research, and through this is then able to provide an organized overview of the logic of his argument. The alternation
In his book The Hollow Hope, Gerald Rosenberg’s thesis concerning law and social change is that the courts are ineffective in creating significant social reforms. His main claim is that the courts are too weak to overcome their lack of constitutional rights, their apprehension to make unpopular rulings, and their lack of judicial enforcement powers (Rosenberg). In his view, Rosenberg assesses that under the right legal and social conditions these constraints can be overcome, but ultimately he concludes that the courts can only bring about the illusion of change, stating that, “U.S. courts can almost never be effective producers of significant social reform. At best, they can second the social reform acts of the other branches of government” (Rosenberg 422). Regarding same sex marriage, Rosenberg’s assessment is that while proponents of same sex marriage had the necessary elements to produce social reform, they turned to the courts too early and as a result, the litigation campaign resulted in “one step forward, two steps back” (Rosenberg 368).
Anthropogenic pressures on the Earth System, caused by Capitalism, have reached a scale, through the “Great Acceleration” where abrupt global environmental change can no longer be excluded. Scientists have defined nine planetary boundaries within which humanity is expected to operate safely. Transgressing one or more planetary boundaries may be lethal due to the risk of crossing thresholds that will trigger non-linear, abrupt environmental change within continental-to
Critical legal studies comes under the umbrella term of critical legal theory along with such groups as feminists and Marxist theorists. An influence can be seen from American Legal Realism in some areas of critical legal studies. The scholars who work under this term have no general approach or theory but instead consider a variety of critiques including those of indeterminacy and contradiction. They tend to see the law as consisting of many contradictions which they believes supports a status quo of some people being left disadvantaged by the law whilst others gain a disadvantage. They believe due to this inequality that there needs to be a social change to improve the system. Indeterminacy appears to be able to be split up into several smaller critical categories and it is this critique which shall be dealt with first.
In the scientific community, climate change is practically undeniable and its universal importance not trivial. However, in respects to a new concept called the Anthropocene, debate has waged over the struggle of its classification. In the article The “Anthropocene” epoch: Scientific decision or political statement?, California State University geological sciences professor Stanley Finney and U.S. Geological Survey geologist Lucy Edwards unmask the current representation of the Anthropocene and explain its implications of being recognized as a geological unit to the ICC. Finney and Edwards examine the basis of the Anthropocene’s validity and lead the reader towards potential political and social motives for proceeding in admitting the Anthropocene
Looking into criminal justice procedure, many administrations are at work. Starting with the police, to the courts and concluding in corrections. Though all these sectors have different tasks, their combined focus is processing the law. Regardless what the process is called criminal justice will continue to serve with discretion, conviction, and correction. When first presented with the question whether criminal justice is a system, non-system, and network I leaned toward a network. Throughout our discussions, lectures, and readings I felt the process presented itself as a network. Intertwined divisions working for a common goal. Further into my research and help from Webster, I decided that the criminal justice
that many may not be able to pay with cash and may have to take up a
Environmental criminology requires more than simply talking about the environment and what needs to be done to protect it. It requires investigating trends and issues as well as asking questions. On one hand, what happens in our natural environment effects us personally, even if they are not immediate consequences and thus matters regarding environmental harm and those that commit it raise questions of social structures (White, 2008). Quinney (1970) publicised the idea that societal power relations reflects social construction. When viewing which part of society commits the most crime we immediately think of the powerless over the powerful. However, law-making processes
Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.
Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.
Development processes is connected with environmental degradation and use of natural resources. Rudel et al. (2011) assumes the present of two distinct waves of development power which control environment. The first wave of political economy deals with the power of capitalism as the main agent for environmental degradation, while the second wave concern with the social power (community) to control the use of natural resources.
William O. Douglas said, “Common sense often makes good law.” Well that is what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions.
Environmental issues have been a cause of a lot of debate in the recent past. Governments and nongovernmental organizations have been in constant consultations on how to help protect the environment. Apparently, as a result of man’s many actions, the natural environment is getting torn apart so quickly that the coming generations will not enjoy this kind of environment, unless a