Download Absent Environments: Theorising Environmental Law and the by Andreas Philippopoulos-Mihalopoulos PDF

By Andreas Philippopoulos-Mihalopoulos

Providing a singular, transdisciplinary method of environmental legislations, its rules, mechanics and context, as validated in its software to the city setting, this publication strains the conceptual and fabric absence of communique among the human and the normal and controversially contains such a lack inside of a procedure of legislations and a procedure of geography which successfully stay closed to environmental issues. The publication appears at Niklas Luhmann's conception of autopoiesis. Introducing the foremost recommendations and operations, contextualizing them and beginning them as much as serious research. certainly, unlike so much discussions on autopoiesis, it proposes a substantially various examining of the speculation, in accordance with serious felony, political, sociological, city and ecological theories, whereas drawing from writings through Husserl and Derrida, in addition to Latour, Blanchot, Haraway, Agamben and Nancy. It explores more than a few subject matters within the parts of environmental legislations and concrete geography, together with: environmental hazard, environmental rights, the precautionary precept, intergenerational fairness and concrete waste discourses on group, nature, technological know-how and identification. the writer redefines the normal foundations of environmental legislation and concrete geography and indicates a thorough manner of facing medical lack of understanding, cultural alterations and environmental degradation in the perceived want for criminal supply of walk in the park.

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118 Arbitrariness can be understood as the presentation of an essentially cognitive selection as normative for purposes of reduction of complexity. Arbitrariness within environmental law is simply a matter of routinely systemic survival. The cardinal arbitrary selection is that of its ‘object’, which is also related to the third dimension in which expectations are fixed, the material dimension. The material dimension is the 116 Smith, 1994:1079; see also Richardson and Wood, 2006; for a critique of sustainable development in the ambits of integration, see Philippopoulos-Mihalopoulos, 2004b.

Luhmann, 1985a. Luhmann, 2004:149; see also Luhmann, 1993b:77–79, where he points to the correspondence between, on the one hand, normative expectations, normative closure and legal norms, and on the other, cognitive expectations, cognitive openness and legal facts. 115 Luhmann, 1989a. The law: autopoiesis and environmental law 31 expectations in society. 117 And while it is indeed the case that all law has to deal with conflicting interests by internalising their meaning and dealing with them through its own systemic legal structures, the difference is that conflicts in environmental law are not only external – in which case expectations apply – but also internal, that is between expectations.

1994. 83 Kelsen’s Pure Theory is one example as mentioned above; also Hart’s categorisation of legal rules or even the Habermasian discourse. See Cotterrell, 2001; Knodt, 1994. 84 Luhmann, 2004:67, 1993b:26. 85 Luhmann, 2004:65, 1993b:24, where he accepts that the kind of theory he proposes is not supposed to guide practice but only a description of the legal system as self-description. 24 Absent environments unbreachable, for otherwise the system would disintegrate. 86 With every selection, the form is repeated while distanced from the matter in hand.

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