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Full-Text Articles in Law

Earth Jurisprudence: The Moral Value Of Nature, Judith E. Koons Jul 2008

Earth Jurisprudence: The Moral Value Of Nature, Judith E. Koons

Faculty Scholarship

As planetary environmental crises advance toward us like an enormous oil spill, the call of Earth Jurisprudence has arisen, suggesting that a shift is necessary in the way that we think about law, governance, and nature. A predicate to rethinking law, however, is to reconsider the moral status of nature. This article posits that, to preserve a healthy planet for future generations of human beings - and for Earth itself - it is necessary to recognize Earth as the center of the moral community. As an ethical endeavor, the article turns the question of the moral status of nature through …


"Everybody Loves Trees": Policing American Cities Through Street Trees, Irus Braverman Jan 2008

"Everybody Loves Trees": Policing American Cities Through Street Trees, Irus Braverman

Journal Articles

Recently, municipalities have been investing large sums of money as well as much bureaucratic and professional effort into making their cities not only a more "treefull" place, but also a place that surveys, measures, regulates, and manages its trees. This article explores the transformation of the utilitarian discourse on trees, which focuses on the benefits of trees and greenery, into a normative discourse whereby trees are not only considered good but are also represented as if they are or should be loved by everybody. This transformation is not only the result of top-down governmental policies. It is also a consequence …