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If You Had A Fundamental Human Right To A Particular Environment, What Would That Look Like?, Carter Dillard
If You Had A Fundamental Human Right To A Particular Environment, What Would That Look Like?, Carter Dillard
Carter Dillard
Many environmentalists believe that because the earth has in the last several decades become largely a human environment in which pure nature or wild places uninfluenced by humans no longer exist, people ought to abandon the idea of wilderness entirely and do the best they can in a world dominated by humans. That would be a mistake. The idea of nature and wilderness in particular, or of places and things in the world relatively uninfluenced by humans, actually provides the foundation on which to build the international human right to a particular environment that some environmentalists have been looking for. …
What Is The Primary Right?, Carter Dillard
What Is The Primary Right?, Carter Dillard
Carter Dillard
This essay develops a new human right derived from both domestic substantive due process and international political exit right doctrines, called the primary right, which is best described as a general human claim-right of reasonable access to wilderness. It is a first generation human rights approach to environmental protection, positing a “nonhuman” baseline environment which is a necessary condition for persons to a) be “let alone” by others, and b) withdraw consent to political association and exit any, and therefore all, polities.
The Primary Right, Carter Dillard
The Primary Right, Carter Dillard
Carter Dillard
As climate change materializes, legal theorists face the urgent need to develop a normative baseline for environmental regulation. Meanwhile, in the seemingly unrelated field of political exit theory, theorists have presumed that while one ought to be able to exit any polity one cannot exit all polities. This essay challenges that presumption, and simultaneously addresses the baseline problem in environmental law, by combining the analyses to develop a new human right derived from exit right theory called the primary right: a general claim-right of reasonable access to wilderness. The derivation is simple: If consent is necessary to justify political association, …