Resilience Thinking: Push-Start of a New Enlightenment in the Light of the Sustainability Paradigm

2021 ◽  
pp. 171-190
Author(s):  
Peter A. Wilderer ◽  
Michael von Hauff
Keyword(s):  
2016 ◽  
Vol 11 (5) ◽  
pp. 831-843 ◽  
Author(s):  
Benjamin Cooke ◽  
Simon West ◽  
Wiebren J. Boonstra

2021 ◽  
pp. 530-550
Author(s):  
Janine Natalya Clark

Transitional justice refers to the set of judicial and non-judicial processes that societies may use to deal with legacies of past human rights abuses and atrocities. While the field is rapidly expanding, to date there are almost no systematic analyses of transitional justice within a resilience framework, or vice versa. The purpose of this chapter is to address that gap and to demonstrate why resilience is highly relevant for transitional justice theory and practice. It argues that resilience thinking can enhance the impact of transitional justice on the ground, by contributing to the development of more ecological approaches to dealing with the past that locate individuals within their broader social environments. The chapter also reflects on the conceptual and empirical utility of resilience as a concept that opens up a space for analyzing the wider societal and systemic impact of legal systems more generally.


2021 ◽  
pp. 509-529
Author(s):  
J. B. Ruhl ◽  
Barbara Cosens ◽  
Niko Soininen

Resilience theory, also known as resilience thinking, has emerged as a powerful theoretical framework for many disciplines. Legal theorists have, however, only in the past decade begun to contextualize resilience thinking for legal systems. This chapter summarizes where resilience thinking has gone thus far in legal theory and recommends where it should go from here. The authors start by asking the two fundamental questions of resilience thinking, putting them in the context of legal systems: resilience of what and resilience to what? Because of the special role legal systems play in the governance of complex social-ecological systems, the authors add a third question: resilience for what? We then explore five key features of system resilience as they relate to legal systems: (a) reliability, (b) efficiency, (c) scalability, (d) modularity, and (e) evolvability. Using environmental law as a case study, the discussion offers concrete examples of how each property manifests and operates in legal systems. The authors close with an exploration of how what has been learned thus far about legal system resilience from theoretical research and practical experiences should shape future research, in particular toward a deeper understanding of adaptive governance.


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