ISBN:
9789400718692
Language:
English
Pages:
Online-Ressource (XX, 240p, digital)
Series Statement:
Law and Philosophy Library 98
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Efficiency, sustainability, and justice to future generations
Keywords:
Climatic changes
;
Environmental law
;
Environmental economics
;
Commercial law
;
Law
;
Law
;
Law Philosophy
;
Climatic changes
;
Environmental law
;
Environmental economics
;
Commercial law
;
Aufsatzsammlung
;
Recht
;
Wirtschaft
;
Generationengerechtigkeit
;
Nachhaltigkeit
Abstract:
Fifty years after the famous essay "The Problem of Social Cost" (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the "Brundtland Report" (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it 'meets the
Description / Table of Contents:
Preface; Introduction; Contents; Contributors; About the Authors; Part I Law and Economics; Consequentialism in Law; 1 Introduction; 2 Consequentialism in the Regulatory Process; 3 Consequentialism in the Application of Law; 3.1 Arguments Against Considering Impacts; 3.2 Arguments in Favour of Considering Impacts; 3.3 Implications for Legal Practice; 4 The Example of the Hand rule (learned Hand formula); 4.1 The Consequences Paradox; 4.2 The Bilateralism Critique; 4.3 Approaches in Swiss Liability Law; Bibliography
Description / Table of Contents:
Consequence-Based Arguments in Legal Reasoning: A Jurisprudential Preface to Law and Economics1 The Jurisprudential Preface; 2 Legal Reasoning and the Consequences of Judicial Decisions; 3 What Are Consequence-Based Arguments; 4 What Type of Consequences Matter; 5 (When and Why) Should Judges Use Consequence-Based Arguments; 6 Conceivability and Objections from the Nature of Adjudication; 7 Feasibility: Objections from Individual and Collective Expertise; 8 The Alternatives of Judicial Optimization: Ex ante Evaluation and Policy-Making in Legislation and Administration
Description / Table of Contents:
9 Desirability and Legitimacy10 Conclusions; Bibliography; Is the Rationality of Judicial Judgements Jeopardized by Cognitive biases and Empathy; 1 Introduction; 2 Cognitive Biases; 2.1 Heuristics and Biases; 2.1.1 Availability Bias; 2.1.2 Hindsight Bias; 2.1.3 Anchoring; 2.1.4 Confirmation Bias; 2.1.5 Egocentric Bias; 2.2 Debiasing; 3 Empathy; 4 Conclusion; Bibliography; Part II Law and Sustainability; Our Responsibility Towards Future Generations; 1 Introduction; 2 An Ethics of Responsibility for the Future Generation: The Paradigm of Hans Jonas
Description / Table of Contents:
3 Survival as the Objective of Law: A New Interpretation of Herbert Hart's "Minimum Content of Natural Law"4 Future of the Species and the Avenue of Transcendence: Tentative Outlines; Bibliography; Future Generations in John Rawls, Theory of Justice; 1 Introduction; 1.1 The Problem of the Lack of Reciprocity; 1.2 The ''Just Saving'' Principle; 2 Justice Between Generations; 2.1 The Definition of the Original Position; 2.2 The Supplementary Motivational Assumption; 2.3 Rawls, Later Proposed Solution; 2.4 Hume's, Conditions of Justice Versus Kant 's, Universalization
Description / Table of Contents:
2.5 Extending the Veil of Ignorance to Membership of a Generation3 What Should Actually Be Saved; 3.1 Weak sustainability; 3.2 Strong Sustainability; 4 Implications; Bibliography; What Is It Like to Be Unborn?; 1 Our Common Future: Biodiversity and Biotechnology; 1.1 Interdependencies; 1.2 Conflicts; 1.3 Valuing Biodiversity: A Matter of Justice; 1.4 Future justice (1): The Intrinsic Value of Natural and Cultural Resources; 2 Custodians of Biological and Cultural Diversity; 2.1 Rights of Native People and Farmers Rights; 2.2 Future justice(2): Rights of Biosocial Communities of Fate
Description / Table of Contents:
3 Representatives of the Unforeseeable Future
Note:
Description based upon print version of record
DOI:
10.1007/978-94-007-1869-2
URL:
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