Read e-book online Absent Environments: Theorising Environmental Law and the PDF

By Andreas Philippopoulos-Mihalopoulos

ISBN-10: 184472154X

ISBN-13: 9781844721542

Supplying a unique, transdisciplinary method of environmental legislations, its ideas, mechanics and context, as confirmed in its software to the city atmosphere, this e-book strains the conceptual and fabric absence of conversation among the human and the typical and controversially contains such a lack inside of a process of legislation and a approach of geography which successfully stay closed to environmental issues. The publication appears to be like at Niklas Luhmann's conception of autopoiesis. Introducing the main recommendations and operations, contextualizing them and beginning them as much as severe research. certainly, unlike so much discussions on autopoiesis, it proposes a greatly assorted analyzing of the idea, according to serious criminal, 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 a number subject matters within the parts of environmental legislation and concrete geography, together with: environmental chance, 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 legislations and concrete geography and indicates an intensive method of facing medical lack of know-how, cultural variations and environmental degradation in the perceived desire for criminal supply of sure bet.

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Extra info for Absent Environments: Theorising Environmental Law and the City

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For the time being, however, I would like to translate the issue at hand, namely the idiosyncratic nature of environmental law, into autopoietic terminology, and eventually propose a different understanding of the environment based on absent exteriority. To do this, I will look at the way Luhmann describes the function of law, and then relate it to the function of environmental law. 103 101 Farmer and Teubner, 1994:4. 102 It is obvious that this is precisely not the role of external reference – namely a report on ‘out there’.

115 Thus, although the selection of whether a disappointment will be handled normatively or cognitively is made by the system, specifically for the legal system the processing of expectations entails institutionalisation, and this occurs predominantly through normative expectations. A legal system with an overproduction of cognitive expectations is obviously not fulfilling its function very well. And this is precisely the issue with environmental law. Not only in view of scientific uncertainty, but also because of the overwhelming amount of social uncertainty that surrounds environmental issues, the law’s balancing act is cognitive par excellence, and generates the same kind of 111 112 113 114 Murphy, 1997:161.

In autopoiesis, being and becoming form an inseparable circularity: the purpose of the system is the system itself. Becoming lends its perpetual motion to being, thereby constituting a volatile identity for the system, changeable and unpredictable, but on a bed of solidity and concreteness. More specifically, the system is open to environmental irritations as deviations from expectations the system has of the operations of other systems. 76 However, and this is where closure returns, all irritations are self-produced, in the sense that they are translated in the systemic code and are dealt with endosystemically.

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

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