The Ecology of Law
Book (italiano):
The authors present the law as a system and discipline that has a history and conceptual structure paralleling natural science. They note science and society are moving from a mechanistic to holistic and ecological vision of reality, and illustrate how this change has a legal dimension. They argue that Western jurisprudence and science contributed to a view that sees the world as a machine and how an ecological one is emerging, one of a network of ecological communities, which is also needed in jurisprudence and the public conception of the law. They discuss the relationship between science and jurisprudence, the laws of nature and human laws, the contributions of jurisprudence and science to the modern worldview and modernity and the global crisis, and the recent shift in science and the need for the same shift in law. They address misconceptions about the similarities and differences between science and jurisprudence; the evolution of early Western scientific thought from antiquity to the Scientific Revolution and the Enlightenment, resulting in a mechanistic paradigm focusing on human domination over nature, the material world as a machine, objective, unchangeable laws of nature, and a rationalist, atomistic view of society; and the evolution of Western legal thought, resulting in a mechanistic paradigm where social reality is viewed as an aggregate of individuals and ownership as an individual right protected by the state. They detail the rise and characteristics of legal modernity, economic science, corporations as legal “persons,” and the reductionist idea of a single legal order; the shift from the world as a machine to as a network in scientific thought in the 19th and 20th centuries; the state of mechanical jurisprudence; incentive schemes that “naturalize” this situation; principles needed for the ecological transformation in law, namely disconnecting law from power and violence, making community sovereign, and making property generative; the commons as a legal institution; and basic principles of an ecolegal order. Annotation ©2016 Ringgold, Inc., Portland, OR (protoview.com)
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