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Should Trees Have Standing Law Morality and the Environment 3rd Edition by Christopher D Stone ISBN 0199736073 9780199736072

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Author(s): Christopher D. Stone
ISBN(s): 9780199736072, 0199736073
Edition: 3
File Details: PDF, 1.50 MB
Year: 2010
Language: english
SKU: EB-2011888 Category: Tag:

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ISBN 10: 0199736073 
ISBN 13: 9780199736072
Author: Christopher D Stone

Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events–and related topics such as climate change and protecting the oceans–providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

Should Trees Have Standing Law Morality and the Environment 3rd Table of contents:

Chapter 1. Should Trees Have Standing?: Toward Legal Rights for Natural Objects
I. Introduction: The Unthinkable
II. Toward Rights for the Environment
III. The Legal-Operational Aspects
(1) What It Means to Be a Holder of Legal Rights
(2) The Rightlessness of Natural Objects at Common Law
(3) Toward Having Standing in Its Own Right
(4) Toward Recognition of Its Own Injuries
(5) Toward Being a Beneficiary in Its Own Right
(6) Toward Rights in Substance
(7) Do We Really Have to Put It That Way?
IV. The Psychic and Socio-Psychic Aspects
Chapter 2. Does the Climate have Standing
I. The Climate as Client
II. The Law of Standing: An Overview
(1) Duty Owing and Zone of Interests
(2) Injury in Fact
(3) Causation
(4) Redressability
III. Standing to Force Disclosures
IV. Standing’s Many Fronts
(1) Ordinary Standing for “Ordinary” Economic Injury
(2) Rights-Based Claims
(3) Executive Standing in International Affairs
(4) Citizens’ Standing to Force the Executive’s Hand in Foreign Affairs
(5) Citizens’ Standing to Force the Executive’s Hand in Domestic Affairs
(6) Standing by a Designated Trustee
(7) Citizens’ Standing to Force the Trustee’s Hand
(8) Citizens’ Standing without Statutory Basis (Public Trust Doctrine)
(9) Standing of Noncitizens
V. Suits in the Name of Natural Objects
(1) Existing Law
(2) Could Standing for Nonhumans Be Expanded?
(3) Would Expanded Standing in the Name of Nonhumans Make Any Difference?
(4) Filing Suits on Behalf of Nature Is a Better Fit with the Real Grievances
(5) Suits on Behalf of Nature Are Better Suited to Moral Development
(6) Is Legal Representation on Behalf of Animals and Nature Really Feasible?
(7) The Advantages of Special, Statutorily Provided Guardians and Trustees
(8) The Guardian Approach May Be Superior to the Alternative Standing Strategies from the Perspective of Subsequent Preclusion Doctrines
(9) Advance Warning: The “Canary in the Mine” Rationale
(10) Protecting Third-Party Interests in Negotiations and Settlements
VI. So, Where Do We Stand on Climate Change?
(1) Why Has Progress Seemed So Slow?
(2) What Role Could Climate-Related Litigation Play?
Chapter 3. Agriculture and the Environment: Challenges for the New Millennium
I. Background
(1) The Historical Impact of Agriculture
(2) Aquaculture
II. The Challenges
(1) Feeding Humanity
(2) Making Farmland Sustainable
(3) Reducing Agriculture’s Environmentally Damaging Spillover Effects
(4) Tempering Conscription of the Nonagricultural Landscape
(5) The Promises and Threats of Technology
III. Some Proposed Responses
(1) Sustaining Farmland
(2) Off-Farm Damage
(3) Reducing Pressure to Conscript the Nonagricultural Landscape
(4) Responding to Technological Innovation
(5) Conclusion
Chapter 4. Can the Oceans be Harbored?
I. A Four-Step Plan for the Twenty-First Century
(1) The Fishing Sector
(a) The Fundamental Model: What Is Going Wrong?
(b) Step 1: Eliminate or Reduce Harvest-Increasing Subsidies
(c) Step 2: Improve and Extend Resource Management
(d) Step 3: Charge for Use
(e) Step 4: An Oceanic Trust Fund
II. Nonfishing Extraction Sectors
III. Ocean Inputs
IV. A Guardian for the Oceans
V. Conclusion
Chapter 5. Should we Establish a Guardian for Future Generations?
I. Background: The Maltese Proposal
(1) Are Future Persons Really Voiceless?
(2) For Whom (or What) Should a Guardian Speak?
(3) Are the Moral Arguments Disparaging the Rights of Future Generations Critical to the Guardianship Proposal?
(4) Which “Future Generation” Is the Guardian’s Principal?
(5) Who Should Serve as Guardian?
(6) Where Should a Guardian Be Situated?
(7) What Official Functions Should the Guardian Serve?
(8) What Should Be the Guardian’s Objectives?
(a) Resource-Regarding Standards
(b) Utility-Regarding Standards
(c) Efficient Level of Harm and Harm-Avoidance
(d) Precaution Against Selected Calamities and Safeguarding Specific Assets
(e) Avoiding “Irreversible Harm”
II. Conclusion
Chapter 6. Reflections on “Sustainable Development”
I. The Underlying Geopolitical Strains
II. What Are Our Obligations to the Future?
(1) Sustainable Development as a Welfare-Transfer Constraint
(2) Sustainable Development as Preservationism
(3) The Rights of the Living
Chapter 7. How to Heal the Planet
I. Introduction
(1) Invasion of Territories
(2) Who Is Responsible?
(3) A Voice for the Environment: Global Commons Guardians
(4) A Case for Seals
(5) Financing the Repair: The Global Commons Trust Fund
(6) Implementing a Global Commons Trust Fund
(7) The Oceans
(8) The Atmosphere
(9) Space
(10) Biodiversity
(11) Areas in Need of the Global Commons Trust Fund
II. Conclusion
Chapter 8. Is Environmentalism Dead?
I. Introduction
II. What Movement, Exactly, Is Faltering, and What Should Our Expectations Be?
III. Indicators of Success and Failure
(1) Indices of Public Knowledge: Environmental Literacy
(2) Indices of Attitudes and Preferences
(3) Indices of Willingness to Contribute to Environmental Groups
(4) Indices of Environmentally-Sensitized Individual Action
(5) Indices of Influence on Lawmaking
(6) Public Sector Funding
(7) Litigation
(8) Indices of Miscellaneous Actions
(9) Actual (Direct) Indicators of Environmental Health
(10) Efficient Pollution
IV. Self-Presentation
(1) Alarmism
(2) Image

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Tags: Christopher D Stone, Trees, Law Morality, Environment