Law Commons^™

Building An Environmental Ethic From The Ground Up, Alyson C. Flournoy

UF Law Faculty Publications

Over the last twenty years there has been a remarkable theoretical flourishing in the field of environmental philosophy, with the development of biocentric ethics, animal rights theories, deep ecology, ecofeminism, modified utilitarianism, moral pluralism and theories drawing on numerous religious and cultural traditions. These theories explore the intellectual and moral causes for the environmentally destructive practices of the dominant western industrial and economic culture, and propose alternatives that might avoid these consequences. This symposium raises a worthy question: to what extent have these theories had practical impact on environmental law and policy. I come to this question as a lawyer …

Shared Knowledge, Shared Jurisprudence: Learning To Speak Environmental Law Creole (Criollo), Thomas T. Ankersen

UF Law Faculty Publications

The character of the legal and judicial systems in Latin America and the Caribbean is undergoing fundamental change.' Traditionally weak judiciaries are emboldened, precedent as a jurisprudential decision-making tool has become increasingly important, the apparatus of administrative law has become more sophisticated and complex, and increasingly sophisticated reporting systems and the "globalization" of shared jurisprudence through contemporary communication media have all contributed to the development of law in the region. These broader systemic developments, though uneven and incomplete, have occurred in tandem with the emergence of environmental law as a unique and discrete body of law.

This Article traces several …

In Search Of An Environmental Ethic, Alyson C. Flournoy

UF Law Faculty Publications

A preliminary analysis of several core environmental provisions suggests that the mix of values embedded in our environmental statutes is substantially similar to the values found in the common law and non-environmental statutes. That is, the environmental statutes tend to reflect human concerns that predate any dawning of environmental awareness -- with only a modest introduction of new values or reasons for caring that are uniquely attributable to concern for the human relationship to the environment. If this is true, it seems to undermine a tenet of the public debate. It may call into question the very naming of these …